Chapter 11-400

Exceptions to the Guidelines for Patent Clauses

11-400 Patent Terms Requiring Exception to the Guidelines for Patent Clauses

Exceptions to the Guidelines given in this Chapter or other guidance must be approved by RPAC, or if agreement between the campus and RPAC cannot be reached, a review by the Provost and Executive Vice President--Academic Affairs may be requested.

11-410 Types of Exceptions

The campus may seek an exception when a sponsor will not accept standard or sponsor-specific clauses or patent terms consistent with the Guidelines for Patent Clauses in 11-300.

11-420 Procedure for Patent Clause Exceptions by RPAC

All situations not covered by standard clauses or other guidance must be referred to RPAC.

Exceptions will be considered on an individual basis for the specific award or on a class basis applicable to all awards from the sponsor. Information will be required regarding the level of support to be provided in the specific project, the anticipated level of support from other sponsors for the project, and the context of the project in the research program. Review at RPAC will include assessment of the level of research support from the sponsor among all campuses.

11-430 Procedures for Review by Senior Vice President—Business and Finance

In cases where the campus, RPAC, and sponsor cannot agree on appropriate patent clauses, the Chancellor or Laboratory Director may request in writing a review by the Provost and Executive Vice President—Academic Affairs.