Intellectual Property Acknowledgment Policy

Title:	Intellectual Property Acknowledgment Policy
Publication date:	3/31/2021
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 some subcontractors

To Read the Full Policy, Go To:

The POLICY tab on this wiki page

Contact Information

Patent Attorney
Intellectual Property Office
[email protected]

Title:	Intellectual Property Acknowledgment Policy
Publication date:	3/31/2021
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 some 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 the Intellectual Property Office 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.
IPO	Intellectual Property Office

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