H-1292.2                  _______________________________________________

                                                      HOUSE BILL 2012

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representative Thomas

Read first time 02/22/93.  Referred to Committee on Higher Education.

Changing provisions relating to the Washington technology center.

          AN ACT Relating to the Washington technology center; adding new sections to chapter 28B.20 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 28B.20 RCW to read as follows:

          (1) The tenured and research professors who enter a research program at the Washington technology center, who develop their invention idea through this program, and who are employed by a public university or college in this state are exempt from the university's or college's patenting rules and procedures.  The professors are also exempt from the university's or college's royalty percentage requirements.  The professor shall be the legal owner of any patent or patents or other intellectual property developed by the professor through a Washington technology center research program.

          (2) In entering into a research contract with a professor, the Washington technology center may not receive more than:

          (a) Twenty percent of the patent royalties or sales proceeds from the inventor for patents developed or researched at the center by a professor if the company or organization licensing the patent has or will manufacture the invention in Washington state; or

          (b) Thirty-five percent of patent royalties or sales proceeds developed or researched at the center by a professor if the company or organization will not manufacture the invention in Washington state.

          (3) The Washington technology center may recover direct patenting and licensing expenses before dispensing royalty payments or sales proceeds to inventors.

          (4) Professors conducting research projects at the Washington technology center shall be given academic credit for their patent research work by the professor's public university or college towards promotion, merit salary, and tenure decisions.  Patents, as contributions to technical knowledge, shall be treated similarly to refereed archival journal publications for purposes of promotion, merit salary, and tenure decisions.  Manufacturing companies created in this state as a result of an invention by a professor doing research work at the center shall be weighed similarly to traditional service work.  The executive director of the center shall administer this program.

          (5) The Washington technology center may process a patent or license, or market a patent, developed by professors through the Washington technology center on behalf of these professors.

          (6) The Washington technology center may act as an escrow agent for purposes of receiving and disbursing funds related to research projects at the center.

NEW SECTION. Sec. 2.  A new section is added to chapter 28B.20 RCW to read as follows:

          (1) Washington technology center's facilities located at public universities or colleges shall not be assessed for any indirect costs of operations, but only may be assessed for direct costs paid by the school's general operating budget that result from operation of the Washington technology center.

          (2) The Washington technology center may enter into nondisclosure contracts with private or public individuals or organizations, if the individual or organization benefiting from the nondisclosure pays the entire costs associated with the contracted activities.

NEW SECTION. Sec. 3.  A new section is added to chapter 28B.20 RCW to read as follows:

          There is created in the custody of the state treasurer the Washington technology center account.  The account shall include general fund appropriations to the Washington technology center.  The director of the department of trade and economic development shall administer the account.  Expenditures may be made as authorized by the director of the department of trade and economic development for purposes of funding the operations of the center as provided in RCW 28B.20.293.  No appropriation is required for expenditures from the account.

NEW SECTION. Sec. 4.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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