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Intellectual Property Acknowledgment Policy

    Title:

    Intellectual Property Acknowledgment Policy

    Publication date:

    9/14/2012

    Effective date:

    7/22/2011

    BRIEF

    Policy Summary

    All Berkeley Lab employees must sign an Intellectual Property Acknowledgment (IPA) form. All affiliates must sign an Affiliate Intellectual Property Acknowledgment form.

    Who Should Read This Policy

    This policy applies to:

    • All employees, including part-time employees and those with faculty appointments
    • All affiliates, including users and subcontractors

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    Patent Attorney
    Technology Transfer and Intellectual Property Management
    ttd@lbl.gov

    Title:

    Intellectual Property Acknowledgment Policy

    Publication date:

    9/14/2012

    Effective date:

    7/22/2011

    POLICY

    A. Purpose

    All Berkeley Lab employees must sign an Intellectual Property Acknowledgment (IPA) form. All affiliates must sign an Affiliate Intellectual Property Acknowledgment form. These requirements allow Berkeley Lab to fulfill its obligations to DOE and other sponsors of research, and to conduct a successful technology-transfer program.

    B. Persons Affected

    This policy applies to:

    • All employees, including part-time employees and those with faculty appointments
    • All affiliates, including users and subcontractors

    C. Exceptions

    • Upon review and approval by the Office of Laboratory Counsel, certain subcontractors at the National Energy Research Scientific Computing Center (NERSC) who do not perform research may be exempted from this policy as requested by a Berkeley Lab Associate Laboratory Director.
    • Employees of another DOE national laboratory with which Berkeley Lab has executed a Bilateral Utilization Agreement generally are not required to execute the Affiliate Intellectual Property Acknowledgment form; patent attorneys in Technology Transfer and Intellectual Property Management may be consulted regarding this exception.

    D. Policy Statement

    In order to protect the intellectual property of Berkeley Lab, all employees and affiliates are required to sign an Intellectual Property Acknowledgment (IPA) form. By signing the IPA form, the employee or affiliate acknowledges that:

    • All intellectual property developed by Berkeley Lab employees, or using Berkeley Lab facilities, resources, or research funds is owned by The Regents of the University of California
    • The obligation to disclose all intellectual property made so that an ownership determination can be made, among other reasons
    • The obligation to assist in securing intellectual property protection

    E. Roles and Responsibilities

    Role

    Responsibility

    Employee

    Signs Employee Intellectual Property Acknowledgment form

    Affiliate

    Signs Affiliate Intellectual Property Acknowledgment form

    Human Resources

    • Ensures signature of Intellectual Property Acknowledgment form by employee or affiliate prior to issuance of a Berkeley Lab ID badge
    • Keeps records of signed IPA forms

    F. Definitions/Acronyms

    Term

    Definition

    Affiliates

    Non-Laboratory employees engaged in on-site Laboratory activities. Affiliates are subject to training in safety and other subjects. They are also issued a Berkeley Lab identification badge. Affiliates may receive system accounts, research access to facilities, and a per diem allowance for housing and living expenses. Examples: Facility users, scientific collaborators, students

    Intellectual Property (IP)

    Intellectual property (IP) refers to creations of the mind: inventions, creative, literary and artistic works, and symbols, names, images, and designs used in commerce. The means to protect IP include patents, trademarks, copyright and trade secrets. Patents protect inventions. Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services. Copyrights protect works of authorship, such as writings, software, music, and works of art that have been tangibly expressed. Trade secrets are information that companies keep secret to give them an advantage over their competitors. While Berkeley Lab has discretion to secure and license patents, trademarks and copyrights, it is prohibited by DOE policy from licensing trade secrets.

    TTIPM

    Technology Transfer and Intellectual Property Management

    G. Recordkeeping Requirements

    Human Resources keeps electronic and/or written records of signed IPA forms.

    H. Implementing Documents

    Document number

    Title

    Type

    10.04.005.001

    Employee Intellectual Property Acknowledgment

    Form

    10.04.005.002

    Affiliate Intellectual Property Acknowledgment

    Form

    I. Contact Information

    Patent Attorney
    Technology Transfer and Intellectual Property Management
    ttd@lbl.gov

    J. Revision History

    Date

    Revision

    By whom

    Revision Description

    Section(s) affected

    Change Type

    1/2/2012

    0

    H. Clark

    Re-write for wiki (brief)

    All

    Minor

    9/14/2012

    1

    R. Chiang

    Re-write for wiki (policy)

    All

    Major

    DOCUMENT INFORMATION

    Title:

    Intellectual Property Acknowledgment Policy

    Document number

    10.04.005.000

    Revision number

    1

    Publication date:

    9/14/2012

    Effective date:

    7/22/2011

    Next review date:

    7/22/2014

    Policy Area:

    Intellectual Property

    RPM Section (home)

    Info Management

    RPM Section (cross-reference)

     

    Functional Division

    Technology Transfer and Intellectual Property Management

    Prior reference information (optional)

    RPM Section 1.06(A)(4)

    Source Requirements Documents

    • University of California Contract and Grant Manual, Intellectual Property and Related Matters, section 11-220, University of California Patent Policy
    • University of California Contract and Grant Manual, Intellectual Property and Related Matters, section 11-230, Patent Agreement
    • U.S. Department of Energy Contract No. DE-AC02-05CH11231, Clauses I.91, I.92, and I.97, including I.91(c)-(e), I.92(b), and I.97(b) and (p)(2)

    Implementing Documents

    Document number

    Title

    Type

    10.04.005.001

    Employee Intellectual Property Acknowledgment

    Form

    10.04.005.002

    Affiliate Intellectual Property Acknowledgment

    Form

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