Coalescence Filtration Nanofibers Consortium

VI. Intellectual Property.

A. All patents derived from inventions conceived and reduced to practice in the course of research conducted by University personnel working on CFNC supported projects, shall belong to University. 

B. CFNC Members that desire to exercise rights to a royalty-free license agree to pay for the costs of patent applications. At time of application for a patent, University and CFNC Members agree that all such Consortium members are entitled to a nonexclusive royalty-free license. Such companies have the right to sublicense its subsidiaries (entities in which a CFNC Member has more than fifty percent ownership interest). If only one Company seeks a non-exclusive royalty-free license, that Company, through negotiation with University, may obtain an exclusive, fee-bearing license. Such Company has the right to sublicense its subsidiaries and affiliates. CFNC Members shall not have the right to royalty-free license intellectual property for which a patent application was filed prior to that party’s membership in the CFNC.

C. CFNC Members that desire to participate in the patenting and licensing rights of an invention must indicate in writing such interest and commit to the sharing of out-of-pocket costs within one hundred eighty (180) days of disclosure of the invention to the CFNC Member. Such CFNC Member shall reimburse the University on a pro-rated basis for the cost of obtaining and maintaining, in force, any U.S. or foreign patent rights. Failure by a CFNC Member to make such reimbursement shall terminate its license as to that specific patent. CFNC Members may select countries in addition to the United States in which to pursue patent protection; however, because country patent costs vary, the patent cost for each country will be divided equitably among the CFNC Members that chose that country. If no CFNC Members indicate an interest and commitment for a patent prosecution, the University, in its sole discretion, individually may pursue patents, licenses, and other uses of the inventions.

D. In the preparation of a patent, participating CFNC Members will be given opportunity to review the claims and recommend modifications. The University will make reasonable effort to maximize the time for CFNC Members to conduct reviews, but the actual available time will depend upon the time needed by the patent attorneys and the schedule set by the patent office.

E. Intellectual property developed independently by a CFNC Member before or during its membership in the CFNC shall remain the exclusive property of the CFNC Member.