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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 | history

SUMMARY AS PASSED HOUSE:

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.

SUMMARY AS INTRODUCED:

Patent and copyright policies of the Commonwealth.  Requires the Secretary of Administration 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 use and release of patents and copyrights created by employees of the agency. Such policy shall authorize state agencies to release potentially copyrightable materials under the Creative Commons licensing system.

2. A provision encouraging the Commonwealth and state agencies to seek patent and copyright protection only in those instances where the patents or copyrights have potential commercial value.

3. Subject to approval by the Secretary of Administration, a process permitting state agencies to commercialize patents and copyrights with potential commercial value.

The bill also permits localities and local school boards to set policies regarding the use and ownership of patents and copyrights developed by employees.