Intellectual Property

Purpose

The University of Texas System Board of Regents and The University of Texas MD Anderson Cancer Center School of Health Professions encourage the development of inventions and other intellectual creations for the best interest of the public, the creator and any research sponsor. After securing available protection for the creation, the MD Anderson School of Health Professions will permit the disclosure of intellectual property by development and commercialization, by publication or both.

The basic policy of the board is to develop intellectual property primarily to serve the public interest, and usually this is best achieved by developing and commercializing the property by exclusive licensing. However, the public interest may sometimes be promoted best by granting nonexclusive licenses for the period of the patent. These determinations will be recommended and made in accordance with administrative procedures established by the board and the MD Anderson School of Health Professions.

MD Anderson's Institutional Policy # ADM0345 has been formulated to clarify and protect the interests of all concerned.

Application

This intellectual property policy applies to all candidates for degrees or certificates. As used in the context of this policy, the term "intellectual property" includes any invention, discovery, trade secret, technology, scientific or technological development, computer software or other from of expression that is in a tangible form.

The board does not assert an interest in student, professional, faculty or non-faculty-authorized works, scholarly works, art works, musical compositions and dramatic and non-dramatic literary works related to the faculty member's processional field regardless of the medium of expression, unless the work is commissioned by the board or is a work for hire.

Rights

The board has rights in the intellectual property if the intellectual property is related to an individual's employment responsibility or has resulted from activities performed by the creator(s) on the MD Anderson School of Health Professions time, under any of the following circumstances:

• With support of state funds,
• While using facilities or personnel of the MD Anderson School of Health Professions, or
• While engaged in research supported by a grant or contract from a federal agency, by a profit or non-profit entity or by a private gift to The University of Texas.

However, a creator of intellectual property who does not fall within any of the previously mentioned circumstances may offer his or her creation to The University of Texas System. In such case, the MD Anderson School of Health Professions dean will recommend to the board whether the System should support and finance a patent application or other available protective measures and manage the development and commercialization of the property.

The University of Texas System, with the cooperation of the MD Anderson School of Health Professions, will provide review and management services for patentable inventions as well as other intellectual property either by its own staff, through a related foundation or by other means.

Protection

To obtain protection for intellectual property, an individual will complete the MD Anderson School of Health Professions Invention Disclosure form and submit it to the attention of the chair of the Intellectual Property Advisory Committee. Copies of the form may be obtained from the Office of Legal Affairs and Risk Management.

Assertion of Interest

The committee will review each disclosure and formulate recommendations regarding what interest, if any, the MD Anderson School of Health Professions has in the property, and whether the MD Anderson School of Health Professions and the board should assert their interest or permit the creator to proceed on his or her own with or without certain restrictions. The committee's recommendations will be forwarded to the president, who will forward his or her recommendations to the board.

If the MD Anderson School of Health Professions chooses not to assert its interest in a newly created intellectual property, and that recommendation is approved by The University of Texas Office of General Counsel and the executive vice chancellor for health affairs, the creator will be notified within 180 days of the date of submission.

If the MD Anderson School of Health Professions chooses to assert its interest, it will work with The University of Texas System to pursue patent or other appropriate protection of the intellectual property and will bear the costs of doing so.

Royalties

The MD Anderson School of Health Professions and The University of Texas royalties, as net royalties are defined by the board, will be shared between The University of Texas MD Anderson Cancer Center School of Health Professions and the creator(s) according to the following formula:

• 50% — creator(s)
• 5% — school(s) of creator(s)
• 5% — department, division (or equivalent)
• 5% — laboratory of creators
• 5% — legal fees
• 30% — The University of Texas MD Anderson Cancer Center School of Health Professions Fund

In the event that no school or department is clearly involved in the original development, the Intellectual Property Advisory Committee will suggest a division consistent with the intention of the division shown above. The final decision will rest with the president.