IP Policy BULSU Draft-03 2003
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Transcript of IP Policy BULSU Draft-03 2003
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Draft Copy No. 3: August 10, 2009BulSU Intellectual roperty ol!cy
Intellectual Property Policy
of the
Bulacan State University
Compiled/Prepared by:
RAUL S. SERA JOSEF, REECollege of Industrial Technology
DANILO S. HILARIO, Ed.D.
Vice President for Planning !esearch"evelopment and #$tension
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VISION OF THE INSTITUTION
PANANAW NG INSTITUSYON
The Bulacan State University envision itself to be one of the country%s
leading institution in developing graduates capable of responding to the needs of
the region and the demands of global standards aspiring to improve the &uality of
life of the people and promote socio'economic development of its service areas
the institution shall pursue e$cellence in its programs and (ill manage its affairs
(ith efficiency and effectiveness)
Ang a"#ansang a"antasan ng Bula$an ay "ay pansar!l!ng panana%
na "ag!ng panguna&!ng !nstutusyon sa pag&asa ng "ga #agong propesyunal na
"ay respons!#!l!'a' na tugunan ang "ga panganga!langan ng re&!yon, at ang
pan'a!g'!gang pa"antayan na naglalayong "a!angat ang pa"u"u&ay ng
"a"a"ayan at upang "a!pag"ala$! ang antas ng $anyang pag$atao sa nap!l!ng
larangan. Ang !nst!tusyong !to ay nags!s!$ap na "a!#a&ag! ng lu#os ang $anyang
"ga progra"a at "apa"a&alaan ang "ga !to na "ay &ustong $a$aya&an at
$a&usayan.
MISSION OF THE INSTITUTION
TUNGUHIN NG INSTITUSYON
The University shall primarily provide professional technical and special
instructions for special purposes and promote research and e$tension services
advanced studies and progressive leadership in agriculture Commerce
#ducation *ishery *orestry #ngineering +rts and Sciences ,a( -edicine
Public administration Technical and other fields that may be relevant) .Section II
!)+) 0012
Ang a"antasan ay 'apat "aglaan ng ropesyunal, (e$n!$al, at
natatang!ng pagtuturo na "ay tang!ng layon na "aglunsa' ng naang$op na
pananal!$s!$ at pagl!l!ng$o' pa"ayanan, "ga paunang pagaaral at
"a$a#ulu&ang pangunguna sa "ga larangang tula' ng Agr!$ultura, )ala$alan,
agtuturo, angungu#at, ang!ng!s'a, In&!nyerya, S!n!ng at Ag&a", A#ogasya,
*e'!s!na, a"pu#l!$ong a"a"a&ala, (e$nolo&!$al at !#a pang larangan na
$augnay n!to. +Sect!on II, .A. -/
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FOREWORD
This Intellectual Property Policy has been developed to support University
personnel and students in their efforts to handle and deal (ith intellectual
property issues)
The main ob3ective has been to provide the necessary protections and incentives
of the University personnel and students in the pursuit of ne( 4no(ledge and for
the benefit of society as a (hole5 and to enhance the generation of revenue for
the University and creators) In return it is e$pected that there (ill be greater
collaboration bet(een the University and !6" staff and industry/private sector
as a (hole thus ensuring the protections of intellectual property assets of the
University)
This Intellectual Property Policy addressed includes coverage of policy
o(nership disclosure of inventions and licensing as (ell as distribution of income
or economic benefits and rights and obligations of an inventor and the University)
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ACKNOLEGDGEMENT
The "raft Template on Intellectual Property Policy for 7igher #ducation
Institutions .7#Is2 developed by Intellectual Property 8ffice of the Philippines .IP
Philippines2 9uidelines on "eveloping Intellectual Property Policy for Universities
and !6" Institutions in +frican Countries developed by the orld Intellectual
8rgani;ation .IP82 University of
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CONTENTS
Article 1. GENERAL STATEMENT
Article . !OLIC" O#JECTIVES
Article $. COVERAGE
=)> Personnel Covered
=)? Intellectual Property !ights Covered
Article %. DEFINITION OF TERMS OR E&!RESSIONS
Article '. INTELLECTUAL !RO!ERT" (I!) OWNERSHI!
1)> ,iterary and +rtistics or4s
1)? IP 8(nership by the University of Patent and 8ther IP !ights
1)= Trademar4s
1)@ Tangible !esearch Property
1)1 Personnel /Student Thesis/"issertation
Article *. ADMINISTRATION
0)> Creation of the University Intellectual Property 8ffice .UIP82
0)? Staffing of UIP8
0)= Creation of the Intellectual Property -anagement Committee .IP-C2
0)@ -emberships of IP-C
Article +. DISCLOSURE, EVALUATION AND COMMERCIALIATION OF
INTELLECTUAL !RO!ERT"
)> IP "isclosure and #valuation Process
)? !eturn of IP to Inventors
)= Commerciali;ation and Protection of the University%s IP
)@ "istribution of Commerciali;ation Benefits
Article -. RESEARCH COLLA#ORATIONS WITH E&TERNAL !ARTIES
A)> 9eneral Statements
A)? !esearch Collaborations (ith
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Article 1/. CONSULTANCIES0DIRECTORSHI! IN COM!ANIES
>)> Consultancies
>)? Conflict of Interest
>)= "irectorship of Companies .Including University Spin'8ff Companies2
Article 11. GENERAL !ROVISIONS
>>)> Interpretation
>>)? aiver of Policy
>>)= Commencement and +pplication of IP Policy
>>)@ +mendment of the !ules and 9uidelines of the IP Policy
Article 1. !ENALTIES
ANNE&ES
ANNE& A ' Procedures for 8btaining Copyrights of or4s
ANNE& # ' Procedures for 8btaining Patent of or4s
ANNE& C ' +greements
ANNE& D ' "eed of +ssignment
ANNE& E ' Confidential "isclosure +greement
ANNE& F ' Invention "isclosure !eport *orm
ANNE& G ' Process of 8btaining +ssistance for +pplication of IP !ights
ANNE& H ' Collection "isbursement and Utili;ation of !oyalties
ANNE& I ' -onitoring and #valuation of IP
ANNE& J ' *unding for Intellectual Property
ANNE& K ' Privileges and Incentives of Creator.s2
ANNE& L ' !esponsibilities of Creator.s2
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The Bulacan State University Intellectual Property Policy is hereby promulgated
as follo(s:
ARTICLE 1
GENERAL STATEMENT
1.1 The University conducts research in the pursuit of 4no(ledge for enriching
the minds and lives of University personnel and students and for the benefit
of society as a (hole)
1. +s the University becomes increasingly active in research technology
transfer and as University personnel and students actively participate in
ensuing entrepreneurial activities there is a need for the University to
promulgate a DPolicy on Intellectual Property Technology Transfer and
!esearch Collaboration)E
1.$ The University largely depends upon financial support primarily from the
government and from local national and international organi;ations for its
research activities) Consistent (ith this premise the University see4s to
ensure that any resultant intellectual property is administered and protected
in the public interest)
1.% The IP Policy see4s to provide guidelines that can be consistently applied to
facilitate the commerciali;ation of research outputs and to arrive at e&uitable
solutions to possible IP issues relating to the conduct of research
technology transfer and commerciali;ation)
ARTICLE
!OLIC" O#JECTIVES
.1 Promote preserve encourage and aid scientific investigation and research5
. *acilitate the transfer of technology from the University to industry/private
sectors in order that research conducted at the University results in
applications that (ould benefit the public5
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.$ #stablish and maintain an innovation fund for research and innovation5
.% #nhance the prestige of the University as an academic research institution
and as a member of society by pursuing the highest ideals of scholarship
and teaching and by conferring the benefits of that scholarship and teaching
on the University community and society)
.' In its broad discretion and consistent (ith its overall mission encourage
assist and provide mutually beneficial re(ards to the University and
members of the University community (ho transfer University IP to the
public through commercial channels under this IP Policy5
.* #stablish standards for determining the rights and obligations of the
University and creators of IP5 and
.+ #nsure compliance (ith applicable la(s and regulations and enable the
University to secure sponsored research funding at all levels of research5
.- 9enerally ensure filing of protection for the IP prior to any publication)
ARTICLE $
C2er34e
$.1 !er566el C2ered) This IP Policy applies to all University personnel i)e
academic and research staff staff members students (ho participate in
research pro3ect at the University%s main campus and satellite/e$ternal
campuses unless the University specifies other arrangements in such
person%s letter of appointment (ith the University)
$. I! Ri47t5 C2ered. This IP Policy shall cover all types of IP rights under
relevant IP ,a(s of the country such as:
.a2 Copyright and !elated !ights
.b2 Trademar4s and Service -ar4s
.c2 Patents
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.d2 Utility -odels
(e) Industrial "esigns
.f2 9eographical Indication .9I2
.g2 ,ay'out "esigns .Topographies of Integrated Circuits25
.h2 Undisclosed Information5 and
(i)
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%.*
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%.1$ ?t De5i46 8 I6te4r3ted Circ?it5= is an original topography .picture
of a place2 of elements at least one of (hich is an active element and of
source or all interconnections of an integrated circuit or such three'
dimensional disposition prepared for an integrated circuit intended for
manufacture)
%.1%
under Section ?? of the IP Code)
%.1*
%.1+ DSt388 9e9er=includes all administrative staff non'researchers or any
other persons employed by the university participating in research
pro3ects (hether part'time or full'time)
%.1-
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%.1 !er566el= means all academic and research staff as (ell as
staff members covered by this IP Policy under +rticle =)>
%. Re5?rce5= are defined as all tangible resources provided by
the University to inventors including:
.a2 *acilities such as office lab and studio space and e&uipment5
.b2 Computer hard(are and soft(are5
.c2 Support and secretarial services5
.d2 !esearch teaching and lab assistants5
.e2 Supplies5
.f2 Utilities5
.g2 *unding and reimbursement for research and teaching activities
including travel)
University resources do not include salary insurance or retirement plan
contributions paid to or for the benefit of Creators)
%.$
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.f2 "ramatic or dramatic'musical compositions choreographic (or4s or
entertainment in dumb sho(s5
.g2 -usical compositions (ith or (ithout (ords5
.h2 or4s of dra(ing painting architecture sculpture engraving
lithography or other (or4s of art5 models or designs for (or4s of art5
.i2 8riginal ornamental designs or models for articles of manufacture
(hether or not registrable as an industrial design and other (or4s of
applied art5
.32 Illustrations maps plans s4etches charts and three'dimensional
(or4s relative to geography topography architecture or science5
.42 "ra(ings or plastic (or4s of a scientific or technical character5
.l2 Photographic (or4s including (or4s produced by a process analogous
to photography5 lantern slides5
.m2 +udiovisual (or4s and cinematographic (or4s and (or4s produced by
a process analogous to cinematography or any process for ma4ing
audio'visual recordings5
.n2 Pictorial illustrations and advertisements5
.o2 Computer programs5 and
.p2 8ther literary scholarly scientific and artistic (or4s
%.' = means a plant grouping (ithin a single botanical ta$on of the
lo(est 4no(n ran4 that (ithout regard to (hether the conditions for plant
variety protection are fully met can be defined by the e$pression of the
characteristics resulting from the given genotype or combination of
genotypes distinguished from any other plant groupings by the e$pression
of at least one .>2 characteristics and considered as a unit (ith regard to
the suitability for being propagated unchanged) + variety may be
represented by seed transplants plants tubers tissue culture plantlets
and other forms)
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ARTICLE '
INTELLECTUAL !RO!ERT" OWNERSHI!
'.1. Liter3r> 36d Arti5tic WrB5
.a2
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B) in the case of Students all research for (hich the Student
receives financial support in the form of (ages allo(ances
salary stipend or grant from funds (hether or not administered
by or through the University5 and
C) all research conducted pursuant to a research agreement
bet(een the University and an e$ternal party sub3ect to the
terms on IP o(nership set out in the relevant research
agreement
.ii2 The IP (as developed (ith substantial use of University%s
resources) The follo(ing shall be deemed to be substantial use of
the University%s resources:
+) here University funds are used to specifically support the
development of the IP5
B) here there has been use of resources at the University that
are not ordinarily available to most University personnel or
Student) The use of office library computers and storage
servers constitutes resources that are ordinarily available to
University Personnel and Students and do not constitute
substantial use of University%s resources)
.b2 +ll IP developed by University Personnel or Students in their o(n
personal time (hich are neither connected to University !esearch
nor developed (ith substantial use of University%s resources shall
belong to such University Personnel or Students as Inventors)
'.$ Tr3de93rB5
The University shall be the sole o(ner of the university logo and shall have
it registered (ith the Intellectual Property 8ffice of the Philippines) +ny
use of the University logo shall re&uire prior license or permission from the
University)
'.% T364ile Re5e3rc7 !r;ert> (TR!) r re5e3rc7 re5?lt5 as defined in
+rticle @)> (hich cannot be the sub3ect of any other 4ind of intellectual
property protection are presumptively o(ned by the University) In no case
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shall biological material in any form be the sub3ect of patents or any form
of ac&uisition)
'.' St?de6t T7e5i50Di55ert3ti6
.a2 + Student shall o(n the copyright of his or her thesis/dissertation
sub3ect to any agreement (ith the University or e$ternal parties) The
Student shall grant to the University a royalty'free permission to
reproduce publish and publicly distribute copies of the thesis in
(hatever form electronic or other(ise)
(b) If a thesis/dissertation contains information on an invention that may
be patentable the thesis may be re&uired to be (ithheld in
accordance (ith the procedures belo(:
i) The College/Satellite Campus may (ithhold public access to the
Student%s thesis/dissertation containing information on
patentable invention until such time a patent application is filed
by the UIP8)
ii) If the UIP8 decides not to pursue a patent protection in
accordance (ith +rticle )>c the thesis/dissertation may be
released in accordance (ith the procedures adopted by the
University)
iii) If the Inventors% re&uest for the return of the IP under +rticle )1
and (ishes to pursue patent protection for the invention
themselves the Inventors may re&uest the College to (ithhold the
thesis/dissertation for not more than three .=2 months from the
date of return of the IP in order for the relevant patent application
to be filed)
ARTICLE *
ADMINISTRATION
*.1 Cre3ti6 8 t7e U6i2er5it> I6tellect?3l !r;ert> O88ice (UI!O)
To supervise the implementation of the IP Policy and commerciali;ation of
University IP assets an UIP8 shall be created (ith the follo(ing functions
and responsibilities:
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.a2 +dminister and monitor the implementation of the IP Policy5
.b2 #valuate the potential of the (or4s and/or inventions submitted for
commerciali;ation5
.c2 M3634e9e6t C99ittee (I!MC)
The University administration supervising the operation of the UIP8 shall
be placed under the Vice President for Planning !esearch "evelopment
and #$tension .VPP!"#2) VPP!"# may opt to create an IP-C (ith the
approval of University President) The IP-C%s functions are as follo(s:
.a2 serves as the oversight committee that (ill oversee the management of
the University%s IP by the UIP85
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.b2 responsible for resolving any dispute that may arise from the
interpretation of this IP Policy) If the matter cannot be resolved at the
Committee such matter shall be referred to the University President
for his/her decision (hich (ill be final and conclusive and5
.c2 revie( and endorse license agreements negotiated by the UIP8 as
(ell as periodically revie( the patent management and licensing
practices of the University)
*.% Me9er57i; 8 I!MC
The IP-C shall have the follo(ing membership:
.a2 VPP!"# as chairman5
.b2 UIP8 "irector5
.c2 U!"C "irector5
.d2 "irector of Planning and Information 8ffice5
.e2 Intellectual Property 8fficers5
.f2 *aculty -ember from College of ,a( nominated by its "ean5
.g2 8ne representative from University +ccounting 8ffice nominated by its
Supervising +dministrative 8fficer5.h2 8ne representative from University Budget 8ffice nominated by its
Supervising +dministrative 8fficer and5.i2 !esource Person as invited by VPP!"#)
ARTICLE +
DISCLOSURE, EVALUATION AND COMMERCIALIATION
OF UNIVERSIT" I!
+.1 I! Di5cl5?re 36d E23l?3ti6 !rce55 (Re8er t ANNE&
.a2 If an Inventor has developed any IP the o(nership of (hich is vested
in the University under +rticle 1 or pursuant to any obligation to
disclose such IP under any agreement the University may have (ith
an e$ternal party the Inventor.s2 must promptly disclose the full details
of the IP to the UIP8 by submitting a Inventor "isclosure !eport
.+
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independent e$perts (ho are competent in the field to assist in the
evaluation if appropriate or necessary)
.c2 The UIP8 shall (ithin three .=2 months from the date of receipt of the
Inventor "isclosure !eport .+ in particular during the period (hen the UIP8 is assessing the
viability of commerciali;ation and/or patenting the invention) +ny
publication .even verbal disclosure2 (hich describes an invention prior
to filing for a patent may 3eopardi;e the patenting process) "uring the
evaluation process the inventor is obliged to delay public disclosure
until patent application has been filed) The University must endeavor
to minimi;e delays in publication)
.g2 +ll Inventors shall disclose to the UIP8 the identity of any party
interested in the commercial e$ploitation of the IP in sufficient detail
and as soon as practicable after the relevant facts have come to their
4no(ledge) +ll Inventors are also re&uired to disclose any conflict of
interest as set out in )? belo()
.h2 Prior to any patent filings or commerciali;ation by a University
Personnel in respect of IP deemed o(ned by the University Personnel
under +rticle 1)?.b2 above the University Personnel shall ma4e full
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and truthful disclosure to the University by submitting the Inventor
"isclosure !eport .+
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.e2 The support and cooperation of the Inventors are usually critical for
successful commerciali;ation) The Inventor.s2 shall provide all
information and render all assistance to the University in any phase as
may be re&uired from time to time)
+.% Di5tri?ti6 8 C99erci3li3ti6 #e6e8it5
.a2 The University shall share (ith the Inventor.s2 of the IP any K PhP 1 01J =1J
-ore than PhP 1 K PhP 1 11J @1J
-ore than PhP 1 K > @1J 11J
-ore than PhP > K > =1J 01J
-ore than PhP > ?1J 1J
.b2
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.d2 The Inventors% share of
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.i2 The Inventor.s2 shall be entitled to file for patent rights in their o(n
name and at their o(n e$pense)
.ii2 The University shall be entitled to a percentage of any benefits
received by the Inventor.s2 from the commercial e$ploitation of the
IP as follo(s:
+) The Inventor.s2 shall account to the University LLJ of any
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.v2 The University may but is not obligated to re&uest for the IP to be
returned bac4 to the University if the Inventor.s2 fail to
commerciali;e the IP after three .=2 years from the date the IP is
returned to the Inventor.s2)
ARTICLE -
RESEARCH COLLA#ORATIONS WITH E&TERNAL !ARTIES
-.1 Re5e3rc7 Cll3r3ti65 @it7 N6C99erci3l !3rtie5
.a2
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product design and problem solving) The guidelines also provide for
recognition of the University%s contributions in the form of license fees
payable by the Company as the Company obtains commercial
benefits from IP generated (ith the help of the University)
.c2 The follo(ing guidelines on IP o(nership and commercial use and
licensing of the sub3ect IP (ill apply to all research pro3ects (ith
industry:
.i2 Sole 8(nership of IP by the University
+) This (ill be the default position ta4en for all research
collaborations (ith industry unless the scope of the pro3ect and
the contributions by the Company can be sho(n to fall under
.i2 or .iii2 belo()
B) The Company (ill have a first right to negotiate either a non'
e$clusive or e$clusive fee'based license on commercial terms)
+n e$clusive license may not be available (here a 4ey
platform technology is involved)
.ii2 Moint 8(nership of IP by the University and the Company
+) The University (ill consider 3oint o(nership (here the
Company (ill be contributing bac4ground IP to the pro3ect or
(ill have intellectual contribution to the IP that is employees
of the Company are also involved in creating or generating the
IP together (ith the University) The Company must also be
providing funding for a significant portion of the total pro3ect
costs)
B) +s a 3oint'o(ner (hich has contributed significantly to the
development of the IP the Company (ill have a non'e$clusive
royalty'free right to commercially e$ploit the IP) +s the
Company is free to commercially e$ploit the pro3ect IP on its
o(n (ithout accounting to the University the University (ill
also retain the right to give out non'e$clusive licenses (ithout
accounting to the Company)
C) The Company (ill have the right to license the IP non'
e$clusively to third parties but is re&uired to account to the
University a percentage of any licensing revenue it receives)
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") If the Company (ishes to commercially e$ploit the IP
e$clusively the Company (ill also have a first right to
negotiate a royalty'bearing e$clusive license (ith the
University on commercial terms)
.iii2 Sole 8(nership of IP by the Company
+) The university (ill consider the sole o(nership by the
Company if the pro3ect meets the follo(ing criteria:
>) The pro3ect is focused mainly on product development or
improvements to the Company%s e$isting products or
services and only the Company%s bac4ground IP is
involved5
?) The pro3ect has unambiguous 4no(n ob3ectives and the
Company lays do(n a defined (ay of performing the study5
=) The University%s e$isting IP is not involved as the Company
re&uires mainly access to the e$pertise and 4no('ho( of
the University%s staff members5
@) The University must benefit from the pro3ect and ac&uiring
relevant industry e$perience through the e$posure provided
by (or4ing (ith the Company)
B) The Company (ill be re&uired to bear the full pro3ect cost
(hich includes full University manpo(er and
facilities/e&uipment costing)
C) The Company%s o(nership of IP (ill ho(ever be limited to
the Company%s *ield of +pplication as specified in the pro3ect
agreement) The University (ill reserve o(nership of any
pro3ect IP generated in the fields of application not specified in
the pro3ect agreement and (ill be free to e$ploit the IP in those
other fields of application)
-.$ Ge6er3l !licie5 6 Ot7er Ter95 i6 Re5e3rc7 A4ree9e6t5
(3) !?lic3ti65
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The University reserves the right to publish or present the findings of
the pro3ect sub3ect to only the right of the e$ternal party to re&uire the
delay of any publication or presentation in order to remove any of its
confidential information or for the filing of any patents in accordance
(ith the term of the research agreement for the pro3ect)
() W3rr36tie5
+s the research is only conducted on a reasonable efforts basis the
results are provided Das'isE and (ithout any representation or
(arranty of merchantability or fitness for any particular purpose or
any (arranty that any use (ill not infringe or violate any patent or
other proprietary rights of any other person)
(c) I6de96itie5
The University re&uires the e$ternal party to indemnify the University
from any claim loss cost e$pense or liability of any 4ind that may be
incurred by the University due to the e$ternal party%s use .commercial
or other(ise2 of the results or IP generated from the pro3ect)
(d) O2er7e3d C73r4e
.i2 + LLLLLL percent .LLJ2 overhead charge (ill apply to all
research pro3ects to ta4e into account the overhead costs in
providing the facilities and resources to carry out research at the
University) The overhead charge shall be distributed in the
follo(ing ratio:
University .LLJ2 :
College/"epartment .LLJ2
.ii2 The overhead charge (ill be imposed on all direct funding
received from the e$ternal party)
.iii2 The overhead charge does not apply to unrestricted or outright
grants or to government grants that do not allo( such overhead
charges) Usually for such grants no specific results are re&uired
or e$pected from the sponsor and no rights to any IP accrue to
the sponsor)
ARTICLE
GENERAL O#LIGATIONS
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.1 C68ide6ti3lit>
.a2 +ll University Personnel and Students shall at all times maintain
confidential all information as defined herein (hether
made/developed on his/her o(n in collaboration (ith University
colleagues or ac&uired through discussions .(hether formal or
informal2 (ith University colleagues)
.b2 The above confidentiality obligations shall not apply in any of the
follo(ing circumstances:
.i2 (here disclosure is re&uired by la( or any government agency5
.ii2 (here the information is in the public domain or becomes
generally available to the public5 or
.iii2 (here disclosure is made (ith the prior consent of the University)
. Di5cl5?re 8 C68lict5 8 I6tere5t
.a2 +ll Inventor.s2/Creator.s2 (ho have any interest (hether directly or
indirectly in any party interested in the commercial e$ploitation of
University IP shall ma4e full and honest disclosure of the nature and
e$tent of their interest to the University as soon as practicable and to
the best of their 4no(ledge) ithout pre3udice to the generality of the
foregoing an Inventor shall be deemed to have an interest if he/she
.or a person over (hom he/she has control2 is a director of or a
shareholder (ith a material shareholding in the organi;ation or
company interested in the commercial e$ploitation of the University IP)
.b2 In addition all University Personnel shall ma4e full and honest
disclosure and see4 the approval of the University in the event of any
situation (here a conflict of interest may arise as highlighted by >)?
belo()
.c2 *ailure to declare his/her interest in the commercial e$ploitation of the
University IP and/or to see4 approval from the University as re&uired
in )? .a2 and .b2 above shall sub3ect the University Personnel liable to
disciplinary or other actions (hich the University shall in its sole and
absolute discretion impose)
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ARTICLE 1/
CONSULTANCIES0DIRECTORSHI! IN COM!ANIES
1/.1 C65?lt36cie5
.a2 University Personnel entering into consultancy (or4 pursuing the
commerciali;ation of the IP shall commit not to disclose or transfer to
e$ternal party any IP belonging to the University) They shall also
ensure that a separate agreement is entered into (ith the appropriate
College/"epartment for the use of University facilities e&uipment or
resources for such consulting (or4)
.b2 In any consulting service University Personnel shall not breach the
confidentiality obligations to (hich they are sub3ect by virtue of being
employees of the University) They shall not disclose any Confidential
Information (hich relate to University IP or any research (hich is
being carried out at the University)
1/. C68lict 8 I6tere5t
.a2 Conflicts of interest may arise in various situations relating to
technology transfer interactions (ith industry) To minimi;e or prevent
such conflict of interest situations University Personnel must ma4e full
and honest disclosure to and see4 approval of the University in the
follo(ing situations:
.i2 underta4ing sponsored or collaborative research (ith a company
that has licensed IP from the University (here the research is
related or in the same area as the IP licensed5
.ii2 deployment of Students by the University Personnel to do
product and/or process research and development for a company
in (hich the University Personnel has an interest) In cases (here
a University Personnel supervises final'year pro3ects and higher
degree students this includes (or4ing on thesis topics in (hich
the University Personnel has a commercial interest in the
research area5
.iii2 transmitting to a company information that is not generally
available to the public) This includes (ithholding or reducing
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publications after transferring technology to the company or
failing to attend to industry visitors from competing companies5
.iv2 underta4ing or changing the orientation of the University
Personnel%s research .(hether supported by University funds or
e$ternal grants2 to serve the research product development or
other needs of a company5
.v2 use of the University Personnel%s position in the University to
participate in company activities5
.vi2 purchasing of e&uipment instruments materials or other items for
University teaching and/or research from a company in (hich the
University Personnel has an interest5
.vii2 engaging in consultation (ith a company in (hich the university
personnel or any person related to him .including (ithout
limitation his parent spouse brother sister son daughter or
any person (ho is holding legal title for the benefit of the
university personnel2 has an interest (hether legal beneficial or
other(ise)
1/.$ Directr57i; 8 C9;36ie5 (I6cl?di64 U6i2er5it> S;i6O88
C9;36ie5)
Sub3ect to the conditions as laid do(n by the University for academic staff
to underta4e e$ternal consultation and specialist (or4 .including
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The Intellectual Property Code of the Philippines .!epublic +ct 0A2 the +griculture and
*ishery -oderni;ation +ct .!)+) A@=12 the Philippine *isheries Code of
>A .!)+) A112 the ildlife +ct .!)+) >@2 Indigenous People !ights
+ct .IP!+ ,a(2 the Inventor%s and Invention Incentives +ct .!)+) @12
the -agna Carta for Scientists #ngineers !esearchers and other Science
and Technology Personnel in 9overnment .!)+) A@=2 the +dministrative
Code of >A .#)8) ??2 and the respective charters of agencies under
the University and other relevant la(s and their corresponding
amendments implementing rules and regulation are deemed (ritten into
the IP Policy)
In the event of doubts in the interpretation of this IP Policy the
provision should be construed in favor of the University)
11. W3i2er 8 !lic>
The University shall have the discretion to (aive or vary any or all of the
provisions of these rules in a particular case) + (aiver on one occasion
and for a particular case shall not be deemed to be a (aiver or variation of
the same or any other provision on a future occasion or for a future case)
11.$ C99e6ce9e6t 36d A;;lic3ti6 8 I! !lic>
.a2 This Policy shall ta4e effect upon approval of the University Board of
!egents and thirty .=2 days after completion of publication in the (eb
site of the University and Planning and Information 8ffice Bullet!n, an'
in the student publication)
.b2 This Policy shall be applicable to all University IP licensed after the
effective date) The rules set out in the IP Policy are sub3ect to the
terms of any agreement (ith e$ternal parties that the University may
enter into)
11.% A9e6d9e6t 8 t7e R?le5 36d G?ideli6e5 8 t7e I! !lic>
The rules and guidelines set out in the IP Policy may be amended by the
University from time to time) The University shall underta4e to notify
University Personnel and Students as soon as is practicable of the
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amendments so made) In any case the amendments shall be in full force
and effect on the date the amendments have been announced by the
University to ta4e effect)
ARTICLE 1
!ENALTIES
+ny person found to have violated any of the provisions of this IP Policy shall be
dealt (ith in accordance (ith the provisions of the faculty staff administrative or
applicable employment manual) +ny violation of these policies shall be meted
out any of the follo(ing penalties depending upon the nature and gravity of the
violation:
1.1 Ineligibility for research grants from the University or any of its affiliated
foundations for a period not to e$ceed three .=2 years5
1. +utomatic removal of research load credits and ineligibility to receive these
benefits for a period not to e$ceed three years5
1.$ !emoval from any administrative position and dis&ualification for any
administrative position for a period not e$ceeding three .=2 years or5
1.% Ineligibility for outside teaching activities or the privilege to practice
profession for a period not e$ceeding three .=2 years)
ANNE& A
!rced?re5 8r Ot3i6i64 C;>ri47t5 8 WrB5
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The process for obtaining of copyrights of or4s shall be consists of t(o phases
.>2 IP-C ,evel and .?2 University ,evel)
A1. I!MC Le2el.The follo(ing steps are involved in the process of revie(ing
and evaluating of or4s up to the VPP!"#/IP-C ,evel:
a. +ppropriate body endorses created (or4 (ith re&uired attachments to
the UIP8 "irector for chec4ing of re&uired attachments5b. The UIP8 "irector confers (ith the creator.s2 prepares and present
report to the VPP!"#/IP-C for revie( and evaluation of the or4)
A. U6i2er5it> Le2el. The VPP!"#/IP-C endorses the (or4 to the University
President for approval of re&uest on assistance in the copyrighting of said
or4)
A$. Re?ired Dc?9e6t5 8r C;>ri47t3le WrB5.The re&uirements in the
evaluation of intellectual properties are as follo(s:
a) #ndorsement letter from U!"C/UTC5b) !esearch contracts/agreements if any5 andc) + sample of the completed or4)
ANNE& #
!rced?re5 8r Ot3i6i64 !3te6t 8 WrB5
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The process for obtaining patent of or4s shall be consists of t(o phases: .>2
VPP!"#/IP-C ,evel and .?2 University ,evel)
#1. V!!RDE0I!MC Le2el.The follo(ing steps are involved in the process of
revie(ing and evaluating of or4s up to the VPP!"#/IP-C ,evel:
a. The U!"C "irector endorses the created (or4 (ith re&uired
attachments to the UIP8 "irector for chec4ing and verification of
re&uired attachments5b. The UIP8 "irector confers (ith the creator.s2 prepares and present
report to the VPP!"#/IP-C for revie( and evaluation of the or4)
#. U6i2er5it> Le2el.To avail assistance in the patenting of the or4 in the
University ,evel the follo(ing steps shall be observed:
a) The VPP!"#/IP-C presents and submits report to the patent
la(yer/agent hired by University for the final revie( of re&uirements and
other necessary documents for IP !ights application to the authori;ed
Philippine government agencies5b) The patent la(yer/agent endorses the (or4 for assistance in the
patenting of said or4 to the VPP!"#5 andc) The VPP!"# recommends the or4 to the University President for
approval of re&uest for patent application assistance)
#$. Re?ired Dc?9e6t5 8r !3te6ti64 8 WrB5. The follo(ing re&uired
documents shall be submitted to the UIP8 "irector for obtaining assistance
from the University for Patenting of or4s:
a) #ndorsement letter from U!"C "irector5b) + sample of the completed or45c) "eed of +ssignment .if the creator (ishes to assign the right of patent to
the University2) See ANNE& Ifor a copy of Deed 8 A55i469e6t Fr9.d) Confidential "isclosure +greement) See ANNE& J for copy of CDA)
e) University Invention "isclosure !eport) See ANNE& K for copy ofI62e6tr Di5cl5?re Re;rt Fr9)
f) 8ther necessary documents that (ill be re&uired by the patent
la(yer/agent)
ANNE& C
A4ree9e6t5
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C1. Deed 8 A55i469e6t.here assignment of right of patent to the University
is proper the inventor shall e$ecute a "eed of +ssignment) See ANNE& I
for a copy of Deed 8 A55i469e6t 8 !3te6t)
C. C68ide6ti3l Di5cl5?re A4ree9e6t (CDA).+ll patent applications shall be
strictly 4ept confidential until the patent issues) + C"+ shall be obtained first
before disclosing information regarding IP to industry or outside party) The
C"+ shall be signed by the recipient of the confidential material and the
University before any information material is disclosed) The C"+ shall be
signed by the University President to be effective) See ANNE& Jfor a copy
of CDA)
C$. Ot7er A4ree9e6t5.In case of a need of other necessary agreements not
specified in the above such agreements can be entered upon the
recommendation of the VPP!"# and approval of the University President)
ANNE& D
Deed 8 A55i469e6t
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#?l3c36 St3te U6i2er5it>
DEED OF ASSIGNMENT
of Patent +pplication/,etters Patent
!epublic of the Philippines2
Province of Bulacan 2 S)S)
City of Bulacan 2
7#!#+S T7# BU,+C+< ST+T# U
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This "eed of +ssignment shall be sub3ect to the BU,+C+< ST+T# U
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ANNE& E
C68ide6ti3l Di5cl5?re A4ree9e6t
CONFIDENTIAL DISCLOSURE AGREEMENT
regarding the protection of Confidential Ideas to be disclosed by the Provider to
the !eceiver)
P!8VI"#!: LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL
LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL
!#C#IV#!: "!) -+!I+
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It is understood that this +greement does not cover ideas (hich (ere already in
the Public "omain or (hich (ere already legally 4no(n to the !eceiver prior to
their disclosure by the Provider)
+s (ith all legal agreements this +greement can be terminated or amended at
any time by mutual agreement of both parties)
SI9
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ANNE& F
I62e6ti6 Di5cl5?re Re;rt Fr9
#?l3c36 St3te U6i2er5it> I62e6ti6 Di5cl5?re Re;rt
#?lSU I!O C35e N. D3te0Ti9eInformation in this report is supplied by the IP!#C pursuant to obligations of
researchers specified in the Bulacan State University Intellectual Property Policy
and Procedures for University !esearch)
If you have &uestions about completing this document contact the BulSU
Intellectual Property 8ffice "irector) Please distribute copies to all individuals
(ho (or4ed on this invention as identified in the inventor information section of
this document)
I62e6ti6 S?993r>
Title of Invention:
Technical abstract of the invention .or attach a publication or draft2) This (ill be
provided (hen re&uired to sponsoring agencies)
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hat ma4es this invention superior to e$isting technologyO
The invention (as conceived of at least as early as:
hen (as the invention sho(n to (or4O
7ave you disclosed this invention to anyone in a non'confidential mannerO
If so (hen and to (homO
If not do you anticipate such a disclosure in the ne$t si$ months .(hen and to
(hom2O
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BU,SU personnel (ho contributed to this invention)
I62e6tr A
*irst name
-iddle name
,ast name
"esignation
College / Campus
"epartment
Citi;enship:
8ffice +ddress:
8ffice Phone
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hich non'government funds contributed to ma4ing this inventionO
Sponsoring +gency 9rant Contract or
+greement
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ANNE& G
!rce55 8 Ot3i6i64 A55i5t36ce 8r A;;lic3ti6 8 I! Ri47t5 3t #?lSU
ANNE& H
45
U!"C/UTC "irector
repares an' su#"!tsen'orse"ent letter to I*C
t&ru t&e UI D!rector
UIP8 "irectorConfers %!t& t&e Creator+s,
prepares an' presentsreport to I*C
IP-CI*C re!e% an' ealuates
reports an' en'orses Iappl!cat!on to 4D5
Patent ,a(yer/+gent /UIP8 "irector
e!e% su#"!tte're6u!re"ents an' prepare
necessary 'ocu"ents for I
VPP!"#
eco""en's appl!cat!on tot&e BulSU res!'ent
for approal
BulSU P!#SI"#ri47t3le
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Cllecti6, Di5?r5e9e6t, 36d Utili3ti6 8 R>3ltie5
H1. The collection of royalties and fees in connection (ith IP rights shall be
under the responsibility of the University +ccounting 8ffice)
H. The proper disbursement of royalties and fees in connection (ith IP rights
shall be under the responsibility of the University Budget 8ffice)
H$. The revenues shall accrue to the fund of the University / College /
"epartment for use in the promotion of invention or discovery particularly
research and development)
ANNE& I
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M6itri64 36d E23l?3ti6 8 I!
I1. M6itri64 8 I!.-onitoring of IP shall be as follo(s:
a) The College "ean or Satellite Campus "irector (here the creator
belongs shall lead in monitoring or4s conducted)b) The IP-C shall submit its recommendations/reports on the matter to the
8ffice of the VPP!"#)c) The VPP!"# recommends/submits report from the IP-C to the 8ffice of
the University President)d) In case of problem.s2 encountered by concerned parties the IP-C
through the UIP8 "irector must be informed in (riting for study)
I. E23l?3ti6 8 I!. In the event of evaluating IP the IP-C shall conduct
evaluation and verification on the right o(nership of the IP)
ANNE& J
F?6di64 8r I6tellect?3l !r;ert>
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J1. F?6di64 8r I!.+ll e$penses incurred relative to the registration of IP such
as filing fees and attorney%s fees prior to the generation of revenue/income
there from shall be charged against the University)
J. O@6er5 8 I! #35ed 6 C6tr3ct.
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K1. Patented and copyrighted (or4s of creators can be credited for performance
evaluation (ith incentives such as royalties)
K. Creators of only patented and copyrighted (or4s filed by the UIP8 at the IP
Philippines are &ualified to avail of any royalties generated from their
created (or4s)
ANNE& L
Re5;65iilitie5 8 Cre3tr(5)
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L1. Upon approval of the application of patent or copyright on the University
,evel the creator.s2 shall enter into a contract or agreement (ith the
University)
L. +ny used of or reference to all University funded or4s/research pro3ects
shall ma4e proper ac4no(ledgements to the University)
L$. Publication or presentation or use of any created (or4s shall re&uire the
University approval and full consent of all authors of said or4s)