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2009 SESSION

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HB 1941 Patent and copyright policies; requires Secretaries of Administration and Technology to establish.

Introduced by: Christopher K. Peace | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED HOUSE: (all summaries)

Patent and copyright policies of the Commonwealth.  Requires the Secretary of Administration, in consultation with the Secretary of Technology, to establish policies, subject to the approval of the Governor, regarding the use of patents and copyrights owned by the Commonwealth. Such policies shall include, at a minimum, the following:

1. A policy granting state agencies the authority over the protection and release of patents and copyrights created by employees of the agency. Such policy shall authorize state agencies to release all potentially copyrightable materials under the Creative Commons or Open Source Initiative licensing system, as appropriate. 

2. A provision authorizing state agencies to seek patent protection only in those instances where the agency reasonably determines the patent has significant commercial value. The responsible state agency shall file with the Secretary a summary of the expected commercial value of the patent.

3. A procedure authorizing state agencies to license or transfer to a state employee any interest in potentially patentable material developed by that employee during work hours.

4. A procedure authorizing state agencies to license or transfer to a private entity any interest in potentially patentable material developed by that agency.

The bill also requires the Secretary of Administration, in consultation with the Secretary of Technology, to submit a final copy of the patent and copyright policy to the House Committee on Science and Technology, Senate Committee on General Laws and Technology, and the Joint Commission on Technology and Science no later than December 1, 2009.


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