Items to Consider Before Making My Choice
Unless you and your co-inventors have made a separate disposition of the inventors’ allocation, your decision will not affect funds available to co-inventors on any past, present, or future inventions. The applicable policy in the case of any co-inventor will depend only upon that person’s date of employment and-for inventors hired before April 16, 1990-whether or not they have chosen to have their post October 1, 1997 cases governed by the Current Policy.
As noted on the summary of policy differences page, the Current Patent Policy inventor’s share is 35%, (after deduction of all unreimbursed case expenses) while the Old Patent Policy inventor’s share is 50% (after deduction of a 15% administrative fee and all unreimbursed direct case expenses). While it is true that an invention disclosed under the Old Policy will normally result in a greater cumulative payment to you as an inventor over the life of the invention, in any year when unreimbursed expenses exceed more than half of income, an inventor will receive a higher payment under the Current Policy.
The percentage of the inventor’s share under the Old Policy is not subject to change. If you choose the Old Policy, there will be no possibility of a future change in the way your inventor shares are calculated. The inventor’s share in the Current Policy is, however, subject to change. Although the University has no plans to make any change in the inventor share, this figure could be changed by the University-as usual with appropriate consultation with the University community, including the Academic Senate.
If you decide to choose the Old Policy, please be aware that no 15% research share (part of the Current Policy formula) will go to your campus or Laboratory.
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