Intellectual Property and FSU

So, you are an FSU employee and have created:  1) a piece of software and want to sell it; 2) the world’s best mobile app to simulate a breast self-exam or; 3) illustrator artwork to be used in a publication or created videos with an intent to sell to a publisher.
What do you do?  Glad you asked.  Here is useful information with web sites to dig deeper:

1. Employee policy:  US laws state that inventors (relevant to patent protection) or authors (relevant to copyright protection) own what they invent or create, except when they are employees, where employment policies come into play.  Most universities, like FSU, request disclosure and can waive ownership back to the individual in certain circumstances; otherwise they will ask to have it assigned to FSU in return for an active commercialization program.  If successful, royalties on sales are split with the inventors or authors.  The relevant FSU policies are found at  (http://facultyhandbook.fsu.edu/Section-6-Policies-and-Procedures#Patents  for both copyright and patent protected materials).
2. Exemption for academic use;  On the above web page under Scope of Statement, section C, there is a list of items excluded from the Policy. 
3. Disclosures;  For certainty and recognition, employees are encouraged to fill out the appropriate Form at (http://www.research.fsu.edu/techtransfer/disclosures.html).  By reviewing the information and the circumstance, the Office of Intellectual Property Development and Commercialization (OIPDC) staff can advise you of the next step.
4. Relevant Circumstances: 
1. Funded by grant:  Many times, research monies have led to the invention or creative work.  The award terms may dictate ownership. 
2. Inventing at home in your work requirements.  Employment Policy states that if this work is relevant to your employment area, it needs to be disclosed to FSU.  In cases where it is outside your employment area, if should be disclosed with a request to have ownership waived back to the individual.
3. Requested by FSU:  Needs to be disclosed, likely assigned to FSU.
4. Students:  They are not employees and thus not covered by the preceding Employment Policies, except when they are employed as research assistants, or are on scholarships or awards administered by FSU.
5. Rare situation waive back to author or inventors.  From time to time a disclosure will lead to the ownership of the disclosed item being returned to the author (s) or inventor(s).
6. Further advice: Still uncertain or want to do more homework?  Check out:  http://www.research.fsu.edu/techtransfer/facultystaff.html, or call Eric McNair at 644-3328,  emcnair@fsu.edu, or ask about our IP Seminars which occur every semester.  The next one is December 5.
   
   The advice in the three cases above?  They all sound exciting and very creative.  Call Eric when you have something tangible, even a prototype, then fill out an Invention or Work disclosure Form http://www.research.fsu.edu/techtransfer/disclosures.html as a draft and discuss next steps.

Federal Relations Update

This has been a turbulent and partisan year for the Obama Administration and Congress. Budget battles, deficit concerns, debt ceiling struggles, credit down-grades, a Joint Committee on Deficit Reduction--all in the shadow of the upcoming elections in November 2012.  As the 2012 fiscal year comes to an uncertain conclusion in the coming months, it appears likely that the Administration's budget for FY 2013 and its reception on Capitol Hill will again be the subject of differences in priorities and philosophies that will be the focus of the November elections.  

FSU's Office of Research recently re-competed its Washington representation and a new firm was selected. This firm--The Oldaker Group--has a strong focus on the Federal R&D agencies as well as the traditional experience necessary with the committees and members of Congress. Their first report to us is attached HERE and additional information is provided below.

If we can assist you as you consider future research opportunities, please let us know. Ray Bye (645-1410) and Beth Hodges (644-2257) are available to discuss Federal funding issues with you.

FY 2012 Appropriations Summary for Selected Agencies from "Minibus" Legislation

National Science Foundation -- NSF will receive $7.0 billion, a 2.5 percent increase over FY 2011. Notably, this is more than either the Senate or the House of Representatives had previously agreed to in their respective spending proposals. The Research and Related Activities account will receive an increase of $155 million. The Major Research Equipment and Facility Construction account at NSF will receive $167 million, a $50 million increase.  While below the request, this level is significantly above the levels originally proposed by the House and Senate.  This funding should enable the National Ecological Observatory Network (NEON) as well as the Ocean Observatories Initiative to proceed. NSF does have the option to transfer up to $50 million from the research account to the equipment account in order to fully fund construction projects. The budget for the Education and Human Resources account will be cut by $32 million (3.7 percent). This reduction includes the termination of the Graduate STEM Fellows in K-12 Education program which had been proposed by the Administration.

National Oceanic and Atmospheric Administration -- The conference report would set aside just under $4.9 billion for NOAA, which received $4.6 billion last year. Satellite funding would grow from $1.4 billion in 2011 to $1.8 billion in 2012.  With respect to NOAA’s ocean, coastal, and Great Lakes research and education programs, after initially faced with rather draconian reductions as proposed by the House, most ended up either level or with modest increases over FY 2011.  For example, the Sea Grant program ended up with a 2.6% increase at $63 million; Ocean Exploration received a 2.3% increase at $26.2 million; and the ocean, coastal and Great Lakes; cooperative institutes in the NOAA research office received a 10% increase to $24.2 million; the Coastal Zone Management grant program in the National Ocean Service remained essentially level at $66.2 million as did the National Estuarine Research program at $22.3 million.  The National Marine Sanctuary Program grew by nearly 5% to $47.6 million while NOAA education increased by 26% over last year to $31.5 million.  Other programs within NOAA were not as fortunate with the National Centers for Coastal and Ocean Science declining by 14.7%, and the competitive grants program for climate research in the NOAA research office declining by 20% to $120 million.  The Joint Polar Satellite System (JPPS) would receive $924 million in FY 2012, under the conference agreement –- which is slightly below the $1.06 billion requested and well above the $382 million it received last year.   The conference agreement would also prevent NOAA from creating a new Climate Service, a plan the House has repeatedly blocked but Senate appropriators had endorsed during their work on 2012 appropriations.  The White House wants to consolidate most of NOAA's existing climate activities in the proposed Climate Service, which it says would help the agency handle a growing demand for information on climate change science and impacts.  Congressional denial on establishing the Climate Service means that NOAA will continue its current set of climate services that are currently spread out among the various existing line offices within NOAA.

National Aeronautics and Space Administration -- NASA will get $17.8 billion for FY 2012 under the agreement reached by conferees.   NASA’s FY 2012 top line is $684 million below the agency’s FY 2011 level and $924 million less than the White House requested.  The $17.8 billion for NASA would break down as follows:

• $3.8 billion for human space exploration, which is $30 million below the FY 2011 level.
• $4.2 billion for space operations, which is $1.3 billion below the FY 2011 level. That funding account includes the international space station and the space shuttle which flew its final mission in July.
• $5.1 billion for science programs, or about $155 million above the FY 2011 level. This includes $529.6 million for the James Webb Space Telescope (JWST) which House appropriators had proposed canceling over the summer.

The JWST allocation is $156 million more than the White House requested and consistent with the Senate’s recommendation. The extra money will be offset by cutting back NASA’s request for Earth science, planetary science and other astrophysics programs.  Earth science would get $1.77 billion, $30 million below the request. Planetary science would get $1.5 billion, $40 million below the request. Astrophysics would get $672 million, $10.7 million below the request.  The balance of JWST’s shortfall for 2012 would come out of NASA’s Cross Agency Support account, according to the conference report.  Included in the $3.8 billion for human space exploration is $1.8 billion for the congressionally mandated heavy-lift rocket known as the Space Launch System, and $1.2 billion for its companion spacecraft, the Orion Multi-Purpose Crew Vehicle.  NASA’s Commercial Crew Program, which is fostering development of astronaut taxis for the space station, will get $406 million in FY 2012, less than half of the $850 million the Administration requested and $94 million less than Congress authorized. Moreover, $100 million of the appropriated funds would be withheld until NASA Administrator Charles Bolden provides House and Senate appropriators with written notice that NASA is proceeding with its acquisition of the Space Launch System.

Department of Transportation – University Transportation Centers -- The purpose of the university transportation centers [UTC] program is to foster a national resource and focal point for the support and conduct of research and training concerning the transportation of passengers and property. Funds provided under the Federal Transit Administration’s UTC program are transferred to and managed by the Research and Innovation Technology Administration (RITA) and combined with a transfer of funds from the Federal Highway Administration.  The conference report provides a total of $44 million for Research and University Research Centers which is $14.8 million less than last year.  Of the $44 million being appropriated, $4 million will be available for University Transportation Centers.

Department of Justice – National Institute of Justice (NIJ) -- The conference agreement provides NIJ with $40 million for FY 2012.  The Congress expects NIJ is to carry out new initiatives proposed in fiscal year 2012 to the extent possible within the funds provided, including:  maximizing the value of forensic evidence; establishing the effectiveness of criminal justice diversion methods and strategies; eliminating rape kit backlogs (pilots); Indian country crime and victimization research; improving prescription drug monitoring; improving inmate re-entry; improving risk-based decision-making in the criminal justice system; and establishing better understanding of the risk-based factors leading to domestic radicalization and related acts of violence/terrorism, among others.  An additional $3 million is provided to NIJ via a transfer of funds from the Office on Violence Against Women for research and evaluation of violence against women and related issues.

Commercialization Fact Sheet

The Office of Intellectual Property Development and Commercialization has created a Commercialization Fact Sheet. This easy-to-read document was created for use with the Legislature and other entities to explain how FSU, utilizing its research and creative expertise, is creating jobs through commercialization efforts. To view this document, click HERE.

Farewell Gathering for Jan Townsend

The Office of Research will have a farewell gathering for Jan Townsend as she says goodbye to FSU after 30 years of service - the past 19 overseeing the CRC. Please plan to drop by to wish her well next Thursday, December 8 between 3:30 and 5:00 p.m. in the Ruby Diamond South Lobby area.

Funding Opportunities

Please click here to access some of the latest funding opportunities available for the arts, humanities, social sciences, hard sciences, medicine and for students.