TRUE Research

Research Department

Copyright & Patent Information

The information is to give guidance to TRUE employees for copyright and patent questions.

  1. Because employees work on a Federal Installation using Federal employees, equipment, time and resources, Federal Law governs all Patent and Copyright issues.
  2. TRUE Research Foundation, and ergo TRUE Employees, defer all patent and copyrights to the Federal Government

Non-Federal Funding Source

  1. TRUE Research Foundations surrenders any patent and copyrights to the US Military who can negotiate directly with the vendor.
  2. All contracts contain the following language
    1. It is expressly agreed that neither Sponsor, Institution, nor investigator transfers by operation of this agreement to any other party any patent right, copyright, or other proprietary right any party owns as of the commencement date of this agreement, except as specifically set forth herein. The parties mutually acknowledge that under 35 USC 200-212, and 37 CFR 501, the United States has certain proprietary and patent rights in inventions and discoveries made by federal employees using federal facilities, equipment, time or resources, and that those rights are not waived by this agreement. It is further agreed that SPONSOR retains its proprietary rights not contrary to applicable federal law and regulations.
    2. The ownership of any patentable inventions or discoveries conceived or reduced to practice by the Investigator as a result of conducting this Study ("Invention") is governed by federal law. Investigator shall promptly notify sponsor in writing of any Invention. If institution obtains ownership of such Invention, sponsor shall be granted, for the next twelve (12) months after sponsor receives notice of the invention, the first option to obtain a worldwide, exclusive license to make, have made, use, sell, import for sale, and sublicense others to make, use, sell and import for sale such invention, subject to the right of the United States to retain an irrevocable, royalty-free license to the invention for use throughout the United States. The license shall contain reasonable terms and conditions which are usual and customary for pharmaceutical products at a like stage of development, which shall include royalty fee provisions based upon the relative contributions of the parties. Any license granted by the government shall be subject to the limitations and notification procedures set out in federal law. In the event that the parties cannot agree, after good faith negotiations, to an exclusive license agreement, then to the extent consistent with federal law, sponsor shall have a right of first refusal to accept any terms offered to a third party for such invention”

Federal Funding Source

  1. Copies of the publication must first be submitted to the technical representative and contracting officer.
  2. Specific Acknowledgements and Disclaimers must be listed on the publications (language found on each contract)
  3. Once approval is received, the publication can be submitted.
  4. TRUE employees can be listed as co-authors on approved publications
  5. TRUE must receive a paper trail of the approval process