Page 19 - Innovator Handbook

Who owns innovations created while I am consulting?
The ownership of innovations created while consulting for an outside company depends on the terms of your consulting agreement with the company. It is important to clearly define the scope of work within a consulting agreement to minimize any issues with ownership of innovations created through FAU research. If you have questions, OTD is available for informal advice.
Should I list non-FAU researchers on my disclosure?
All researchers involved in the creation of an innovation should be included in your disclosure, even if they are not affiliated with FAU. OTD, in consultation with outside legal counsel, will determine the rights of such people and institutions. It is important to discuss all outside relationships with OTD to understand the implications for any innovations created.
Can a student contribute to an innovation?
Yes, many students contribute to the creation of innovations at FAU under a wide variety of circumstances. Typically, a student will own his or her rights to an innovation unless it was created by the student in a capacity as university personnel (graduate student, postdoc, research assistant, etc.) and/or the student used more than incidental university support.
Does the federal government have rights in the innovations I create?
If an innovation was created in the process of research funded by the federal government, the government may retain certain rights in the innovation. These rights are codified in the Bayh-Dole Act of 1980
(35 USC §200-212). The act allows universities and other non-profit institutions to have ownership rights to innovations resulting from federally-funded research, provided certain obligations are met. These obligations include making efforts to protect (when appropriate) and commercialize the innovations, submitting progress reports to the funding agency, substantial manufacture of any resulting products
in the U.S. and sharing any resulting revenues with the researchers. The Bayh-Dole Act is credited with stimulating interest in technology transfer activities and generating increasing research, technology commercialization, educational opportunities and economic development.
19