State Codes and Statutes

Statutes > Arizona > Title15 > 15-1635.01

15-1635.01. Transfer of technology developed by universities; patent policies; officer or employee interest in private entity

A. To encourage sponsored research at institutions under the jurisdiction of the Arizona board of regents and to encourage transfer of such technology to the private sector, the Arizona board of regents shall consider the establishment of patent policies which permit, on a case by case negotiated basis, either the giving of title or the granting of licenses to the sponsor of the research.

B. Notwithstanding title 38, chapter 3, article 8, an officer or employee of an institution under the jurisdiction of the Arizona board of regents may, subject to subsection C, apply to the board for permission to establish and maintain a substantial interest in a private entity which supplies equipment, material, supplies or services to the institution in order to facilitate the transfer of technology developed by the officer or employee of an institution under the jurisdiction of the board from the institution to commercial and industrial enterprises for the economic development of this state.

C. Before an officer or employee makes an application to the board pursuant to subsection B, the officer or employee must receive the approval of the president of the institution at which he is employed. The president of the institution may grant approval and the officer or employee may submit the application to the board only if all of the following conditions are met:

1. The officer or employee provides a detailed description of his interest in the private entity to the president.

2. The nature of the private entity's proposed undertaking is fully described to the president.

3. The officer or employee demonstrates to the satisfaction of the president that the proposed undertaking will benefit the economy of this state by contributing to the development of private enterprise.

4. The proposed undertaking does not violate any existing contracts.

5. The officer or employee demonstrates to the satisfaction of the president that the proposed undertaking will not adversely affect research, public service or instructional activities at the institution.

6. The officer's or employee's interest in the private entity or benefit from the interest will not adversely affect any state interest.

D. The board may authorize an officer or employee of one of the institutions under its jurisdiction to establish and maintain a substantial interest in a private entity if all of the following conditions are met:

1. The application is approved by the president of the institution at which the officer or employee is employed.

2. The application contains a detailed description of the officer's or employee's interest in the private entity.

3. The application contains a detailed description of the private entity's proposed undertaking.

4. The application demonstrates to the satisfaction of the board that the proposed undertaking will benefit the economy of this state by contributing to the development of private enterprise.

5. The proposed undertaking does not violate any existing contracts.

6. The application demonstrates to the satisfaction of the board that the proposed undertaking will not adversely affect research, public service or instructional activities at the institutions under the jurisdiction of the board.

7. The officer's or employee's interest in the private entity or benefit from the interest will not adversely affect any state interest.

E. On recommendation of the board, the president of the institution at which the officer or employee is employed may require that the institution have a share in any royalties or other proceeds from the proposed undertaking of the private entity.

F. If the technology was developed solely using monies from a private sector sponsor, the board shall not authorize an officer or employee of an institution under its jurisdiction to establish and maintain a substantial interest in a private entity which would exploit that technology unless the board determines that patent, licensing and royalty rights are in accordance with the provisions of the agreement under which the technology was developed.

G. The board may establish policies for the implementation of this section.

State Codes and Statutes

Statutes > Arizona > Title15 > 15-1635.01

15-1635.01. Transfer of technology developed by universities; patent policies; officer or employee interest in private entity

A. To encourage sponsored research at institutions under the jurisdiction of the Arizona board of regents and to encourage transfer of such technology to the private sector, the Arizona board of regents shall consider the establishment of patent policies which permit, on a case by case negotiated basis, either the giving of title or the granting of licenses to the sponsor of the research.

B. Notwithstanding title 38, chapter 3, article 8, an officer or employee of an institution under the jurisdiction of the Arizona board of regents may, subject to subsection C, apply to the board for permission to establish and maintain a substantial interest in a private entity which supplies equipment, material, supplies or services to the institution in order to facilitate the transfer of technology developed by the officer or employee of an institution under the jurisdiction of the board from the institution to commercial and industrial enterprises for the economic development of this state.

C. Before an officer or employee makes an application to the board pursuant to subsection B, the officer or employee must receive the approval of the president of the institution at which he is employed. The president of the institution may grant approval and the officer or employee may submit the application to the board only if all of the following conditions are met:

1. The officer or employee provides a detailed description of his interest in the private entity to the president.

2. The nature of the private entity's proposed undertaking is fully described to the president.

3. The officer or employee demonstrates to the satisfaction of the president that the proposed undertaking will benefit the economy of this state by contributing to the development of private enterprise.

4. The proposed undertaking does not violate any existing contracts.

5. The officer or employee demonstrates to the satisfaction of the president that the proposed undertaking will not adversely affect research, public service or instructional activities at the institution.

6. The officer's or employee's interest in the private entity or benefit from the interest will not adversely affect any state interest.

D. The board may authorize an officer or employee of one of the institutions under its jurisdiction to establish and maintain a substantial interest in a private entity if all of the following conditions are met:

1. The application is approved by the president of the institution at which the officer or employee is employed.

2. The application contains a detailed description of the officer's or employee's interest in the private entity.

3. The application contains a detailed description of the private entity's proposed undertaking.

4. The application demonstrates to the satisfaction of the board that the proposed undertaking will benefit the economy of this state by contributing to the development of private enterprise.

5. The proposed undertaking does not violate any existing contracts.

6. The application demonstrates to the satisfaction of the board that the proposed undertaking will not adversely affect research, public service or instructional activities at the institutions under the jurisdiction of the board.

7. The officer's or employee's interest in the private entity or benefit from the interest will not adversely affect any state interest.

E. On recommendation of the board, the president of the institution at which the officer or employee is employed may require that the institution have a share in any royalties or other proceeds from the proposed undertaking of the private entity.

F. If the technology was developed solely using monies from a private sector sponsor, the board shall not authorize an officer or employee of an institution under its jurisdiction to establish and maintain a substantial interest in a private entity which would exploit that technology unless the board determines that patent, licensing and royalty rights are in accordance with the provisions of the agreement under which the technology was developed.

G. The board may establish policies for the implementation of this section.


State Codes and Statutes

State Codes and Statutes

Statutes > Arizona > Title15 > 15-1635.01

15-1635.01. Transfer of technology developed by universities; patent policies; officer or employee interest in private entity

A. To encourage sponsored research at institutions under the jurisdiction of the Arizona board of regents and to encourage transfer of such technology to the private sector, the Arizona board of regents shall consider the establishment of patent policies which permit, on a case by case negotiated basis, either the giving of title or the granting of licenses to the sponsor of the research.

B. Notwithstanding title 38, chapter 3, article 8, an officer or employee of an institution under the jurisdiction of the Arizona board of regents may, subject to subsection C, apply to the board for permission to establish and maintain a substantial interest in a private entity which supplies equipment, material, supplies or services to the institution in order to facilitate the transfer of technology developed by the officer or employee of an institution under the jurisdiction of the board from the institution to commercial and industrial enterprises for the economic development of this state.

C. Before an officer or employee makes an application to the board pursuant to subsection B, the officer or employee must receive the approval of the president of the institution at which he is employed. The president of the institution may grant approval and the officer or employee may submit the application to the board only if all of the following conditions are met:

1. The officer or employee provides a detailed description of his interest in the private entity to the president.

2. The nature of the private entity's proposed undertaking is fully described to the president.

3. The officer or employee demonstrates to the satisfaction of the president that the proposed undertaking will benefit the economy of this state by contributing to the development of private enterprise.

4. The proposed undertaking does not violate any existing contracts.

5. The officer or employee demonstrates to the satisfaction of the president that the proposed undertaking will not adversely affect research, public service or instructional activities at the institution.

6. The officer's or employee's interest in the private entity or benefit from the interest will not adversely affect any state interest.

D. The board may authorize an officer or employee of one of the institutions under its jurisdiction to establish and maintain a substantial interest in a private entity if all of the following conditions are met:

1. The application is approved by the president of the institution at which the officer or employee is employed.

2. The application contains a detailed description of the officer's or employee's interest in the private entity.

3. The application contains a detailed description of the private entity's proposed undertaking.

4. The application demonstrates to the satisfaction of the board that the proposed undertaking will benefit the economy of this state by contributing to the development of private enterprise.

5. The proposed undertaking does not violate any existing contracts.

6. The application demonstrates to the satisfaction of the board that the proposed undertaking will not adversely affect research, public service or instructional activities at the institutions under the jurisdiction of the board.

7. The officer's or employee's interest in the private entity or benefit from the interest will not adversely affect any state interest.

E. On recommendation of the board, the president of the institution at which the officer or employee is employed may require that the institution have a share in any royalties or other proceeds from the proposed undertaking of the private entity.

F. If the technology was developed solely using monies from a private sector sponsor, the board shall not authorize an officer or employee of an institution under its jurisdiction to establish and maintain a substantial interest in a private entity which would exploit that technology unless the board determines that patent, licensing and royalty rights are in accordance with the provisions of the agreement under which the technology was developed.

G. The board may establish policies for the implementation of this section.