Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Charley Macedo and Brian Amos Publish Article for Tech Transfer Tactics on Important Considerations in Crafting or Updating Institutional IP Policies

Tech Transfer Tactics, January 18, 2021
Author(s): Charles R. Macedo, Brian Amos, Ph.D.

Charley Macedo and Brian Amos published an article for Tech Transfer Tactics on important considerations in crafting or updating institutional IP policies.
 
Historically, universities considered the IP produced by faculty as falling into one of two silos: academic scholarly works (a text book, peer-reviewed article or the like) or patentable inventions. That approach is reflected in IP policies that distinguish between patentable and non-patentable IP, whereby faculty have largely retained the copyright to their pedagogical works, and the university has asserted ownership of the patentable inventions. 
 
In recent years, however, computer-implemented inventions, software and data have become a much larger portion of university research output. And, while many universities have adapted their IP policies to account for software and other copyrightable innovations, a recent informal survey we conducted illustrated a divide among research institutions on how data is treated, with much variation in how published IP policies cover data.
 
For TTO staff involved in crafting or updating institutional data IP policies, this article is an issue-spotting resource and helps frame the important considerations.

Read the full article.

Also, join Charley and Brian on January 26 for a Tech Transfer Central webinar on “Reinforcing University IP Policies to Protect Data Ownership & Monetization.” 
 
Charley and Brian will be joined on the panel by data licensing experts from both MIT and Duke University where they will discuss the importance of a well-considered institutional data policy for research institutions as data output expands and these institutions continue to monetize their data. While virtually all institutions have patent policies in place covering ownership and handling of patentable inventions, data policies are still very mixed and sometimes completely absent. 
 
The panel will also examine existing IP policies for all types of data coverage, identify gaps that need reinforcing, and gain a solid understanding of the controlling federal regulations as well as potential liabilities. 
 



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