The tick bites deeper into the neck

I know, most of you don’t have time to work through 50 pages of close reading of a university patent policy, with all its levels and inconsistencies and misrepresentations and foolishnesses. Here’s a summary:

FSU’s patent policy violates Florida state law

  • expands grossly what it can claim beyond securing patents on work product
  • ignores the requirement to review and agree before claiming ownership
  • treats royalty sharing as a generous perk rather than consideration for assignment
  • requires inventors to concur in the university’s non-compliance
  • does not provide for reporting all assignments and agreements to the state

FSU’s patent policy guidance misrepresents and misapplies state and federal law

  • Florida Statue 1004.23
  • Bayh-Dole Act 35 USC 200-212
  • Federal patent law and copyright law

FSU’s patent policy and guidance is ambiguous, inconsistent, overreaching, and deceptive

  • ownership claims are overbroad and random
  • guidance varies from policy
  • policy is inconsistent internally and with other policies, such as academic freedom

FSU administrators seem to believe that

  • administrative self-interest matters more than consideration of inventor contribution
  • policy binds inventors, not administrators
  • university legal counsel is reserved for administrative use against inventors

There you have it. In simple terms, a garbled mess. In slightly less simple terms, a nasty, clever, non-compliant policy that is both incompetent and deceptive, while appearing to be legal and proper. The tick of bureaucracy bites deeper into the neck of research enterprise.

 

 

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