| Ferndale School District |
| Bylaws & Policies |
8910 - PATENT
Introduction
University High School was created in partnership with Lawrence Technological University to educate students interested in the automotive industry. The Ferndale Public Schools recognizes that the focus of the curriculum on careers in the automotive industry and the unique and rigorous college preparatory curriculum and instructional methods by the University High School faculty may lead to patentable inventions and discoveries. It is the School District’s intent to protect the rights of the individual and the School District in the event such discoveries or inventions have commercial application.
Policy
| A. | Purpose | |
| The purpose of the Patent policy is to help assure, in the public interest, that the patentability and practicality of inventions will be evaluated by qualified persons, and that the income from inventions will be used to support further research or other desirable School District activities. | ||
| B. | Definitions |
| 1. | Inventions | ||
| The term "invention" includes inventions, discoveries, conceptions, ideas, improvements, innovations, problem solutions and/or technological developments. | |||
| 2. | Employee | ||
| The term "employee" or "staff member" refers to any person employed full-time or part-time by the Ferndale Public Schools in any capacity at University High School. | |||
| 3. | Patent | ||
| The term "patent" refers to both U.S. and foreign patents and patent applications, and the rights conferred upon the patent holder by applicable law. | |||
| 4. | Student | ||
| The term "student" refers to any person enrolled in any course offered by University High School. |
| C. | Patent Committee | |
| By adoption of this policy, there is created a Patent Committee which will consist of the Superintendent of Ferndale Public Schools and/or his/her designee or designees, and the principal of University High School. The Patent Committee will evaluate patent proposals which have been recommended to the Committee pursuant to the General Procedures section of this policy. The Patent Committee will decide whether the School District should accept the proposal and attempt to obtain a patent. | ||
| D. | General Policy Provisions |
| 1. | Scope of Policy | ||
| This policy is binding on Ferndale Public Schools employees, staff members, and students engaged in projects associated with University High School. | |||
| 2. | Inventions Involving School District Funds or Facilities | ||
| Ferndale Public Schools will have ownership rights in all inventions of University High School employees, staff members, and students which are made with the support of School District funds, facilities, or equipment. Title to such inventions will be assigned to the School District by the individual inventor(s) unless the School District elects to waive its patent rights, following patent evaluation procedures established by this policy. | |||
| 3. | Assignment of Rights |
| a. | All employees, staff members, and students of University High School will be required to assign the rights to any and all inventions which are made with School District funds, facilities, or equipment to the School District. | |||
| b. | All students over the age of eighteen (18) and the parents of students under the age of eighteen (18) will be required to sign the Student Patent Agreement accepting and agreeing to abide by the terms of the District’s Patent Policy, before enrolling at University High School. | |||
| c. | All employees and staff members will be required to sign an agreement accepting and agreeing to abide by the terms of the District’s Patent Policy, before beginning work at University High School. |
| 4. | Publication of Patentable Inventions | ||
| U.S. Code Title 35 Patents, Section 102 and certain foreign patent laws preclude an applicant from obtaining a patent if the invention was described in a printed publication in this or a foreign country. Students and employees will therefore avoid disclosure or publication of inventions before the filing of a patent application or a waiver by the Ferndale Patent Committee. | |||
| 5. | Licensing Restriction | ||
| No assignment of or license for (or agreement to assign or license) any invention developed in the course of research supported by funds or utilizing facilities administered by the School District may be entered into by any employee, staff member, or student without the written consent of the School District. The School District shall have the ultimate right to resolve any conflict of interest arising in this connection with third parties or organizations. The basic purposes of the Patent policy stated above shall serve as the criteria for approval of assignments, licenses, and agreements to assign and license. |
General Procedures
| A. | Employees and students who have conceived of, contributed to, or worked on an invention using School District funds, facilities or equipment shall create a proposal and present it to the principal of University High School. The proposal must state what they have invented and why it is a novel concept. | |
| B. | The principal of University High School shall review the proposal and determine whether the proposal has apparent merit. In making this decision, s/he may obtain such assistance as may be determined necessary and advisable, in consultation with the Superintendent. | |
| C. | If the principal determines that the proposal does not have apparent merit and should not be submitted to the Patent Committee, s/he shall put that decision in writing and give it to the person or persons who submitted the proposal, with a copy to the Superintendent. The Inventor(s) will thereupon be free to pursue or otherwise dispose of the invention as s/he, or they determine. | |
| D. | If the principal determines that the proposal has apparent merit, s/he shall submit the proposal and a recommendation to the Patent Committee. The Patent Committee will consider the principal’s recommendation and decide whether the School District will exercise its right to ownership as outlined in the Policy (D) (2) section of this policy. The Patent Committee may seek the assistance of consultants, attorneys or other persons with specialized knowledge as it determines necessary. | |
| E. | If the School District elects to acquire title to an invention by assignment, the School District will cover reasonable costs of the patent application, patent development, and other related activities. The Patent Committee shall appoint a patent agent or patent attorney who will carry out the necessary steps to apply for a patent. The inventor(s) will cooperate with the District’s representative in preparing and filing a patent application, and will execute any documents necessary or useful in pursuing the patent. | |
| F. | If the Patent Committee decides not to exercise the District’s rights under the Policy (D) (2) section of this policy, then the Committee, in writing on behalf of the School District, will release its interest in the invention. The inventor(s) will thereupon be free to pursue or otherwise dispose of the invention as s/he or they determine. |
Marketing Decisions
The Superintendent of the Ferndale Public Schools or his/her designee will be responsible for all marketing decisions involving patentable inventions. This includes all patents to which the School District has ownership rights under the Policy (D) (2) section of this policy.
Use of Funds
All royalties received from commercialization of patents obtained pursuant to this policy shall be appropriated to the support of University High School, including further research, or such other educational purpose determined by the Board of Education.
Adopted 5/21/07