University of Wisconsin-Stout Policy
Policy No. 04-63
Date: 5/24/04
Revised: 5/13/2008
STANDARD REVENUE SPLIT WITH WISYS
1.0 Introduction
WiSys Technology Foundation, Inc., a non-profit organization, a wholly owned
subsidiary of the Wisconsin Alumni Research Foundation (WARF), is the
designated patent and licensing organization for new discoveries made by
researchers at UW System institutions other than UW-Madison. Established in
July 2000, the mission of WiSys is to provide intellectual property protection for
technology through patents or other methods, for UW System
faculty/staff/students discoveries funded through federal grants and to negotiate
license agreements that enable industry to commercialize inventions from UW
System institutions. UW inventors who have no federal funds are also
encouraged to work with WiSys and will be provided the same services. WiSys
was organized to protect inventions made through UW System research and to
license those innovations to industry for the benefit of humankind, the inventors,
their campus, college, department and the UW System. As UW scientists and
researchers generate a steady flow of new discoveries, new possibilities for
helping industries and new avenues for generating revenue to meet needs are
made. The funds received through revenue on agreements help to support
ongoing research programs via this policy. The services provided by WiSys are
at no cost to the inventor, who must be a UW employee, student or alumni (at
least one inventor for an invention must have a UW connection. If a non-UW
person wants to donate intellectual property to the university, WiSys may accept
it at its discretion). Each campus is responsible for developing a policy for
sharing the campus 40% share of the revenue from licenses. The established
WiSys standard for the overall split is: 20% Inventor, 40% Institution, 25%
WiSys, and 15% UW System. The purpose of this policy is to identify the
disbursement on the Stout campus of the 40% institutional share.
WiSys makes WARF’s many years of experience (since 1925) available
statewide under a service agreement with WARF. WiSys adds new dimensions
to technology transfer and economic development efforts throughout the State.
This includes collaboration with the Small Business Development Centers
“SBDC”, and other technology transfer and business development entities.
2.0 Relation to UW System Intellectual Property (IP) Policy
2.1
UW System faculty and staff typically own their inventions and other IP in
absence of federal funding, requirements of industry sponsors, or investment of
substantial institutional resources in its creation or development. The
disposition of all inventions generated at a UW System institution, regardless of
funding sources, is subject to review by the appropriate academic dean and
notification to the Chancellor or the Chancellor’s designee. At UW-Stout the
designee is Research Services. The purpose of the review is to determine if any
contractual obligation exists in connection with and as a result of the funding
leading to the invention. Patents resulting from research projects funded by the
federal government are subject to the Bayh-Dole Act. (35USC 200et.seq.; UW
FAP G2 (Extramural Support Administration), G27 (Copyrightable Instruction
Materials Ownership, Use and Control), and G34 (Patent Policy)
2.2
Copyright protection encourages the creative efforts of authors, artists, and
others by securing the exclusive right to reproduce works and derive income
from them. Copyright is created automatically once an original effort has been
started and some aspect of it has been fixed in a tangible medium. Copyright
can also be registered for additional protection and notice to potential infringers.
(G27)
2.3
Trademark Protection functions to increase distributional efficiency by
making products easy to locate without confusion, identifying the source of
goods and services for customers preventing competitors from using marks that
may cause a likelihood of confusion.
3.0 Statement of Policy
3.1
3.2
The 40% split at UW-Stout will be allocated in the following manner:
3.1.1
50% to the Inventor’s UW-Stout Program or Lab
3.1.2
25% to the College
3.1.3
25% to the University
The following guiding principles are to be followed in the allocations:
3.2.1
The campus formula is designed to support and provide incentive for
discoveries by UW-Stout faculty/staff and students.
3.2.2
The 25% to the College and the 25% to the University are to be used to
support research and related activities.
3.2.3
The 25% College share is to be split between related Departmental, Institute
and College needs with the decision being made by those involved.
4.0 Implementation
At UW-Stout, the unit of Research Services is the central institutional unit for processing
and managing the records of contractual arrangements on the selling side, which includes
Confidentiality Agreements, Sponsored Research Agreements, Work for Hire Agreements,
and Licensing Agreements including Copyright and Trademark. Research Services is
assisted by UW-System legal staff in the General Counsel’s office and by WiSys.
If you have questions or comments, email bpa@uwstout.edu
Updated January 2006