S-1989.1                   _______________________________________________

                                                     SENATE BILL 5935

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State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Bluechel, Skratek and Cantu

Read first time 02/26/93.  Referred to Committee on Trade, Technology & Economic Development.

Regarding patent policy at the Washington technology center.

          AN ACT Relating to patent policy at the Washington technology center; adding a new section 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) Tenured and research professors who enter a research program at the Washington technology center, develop an invention idea through this program, and are employed by a public university or college in this state are exempt from the university or college patenting rules and procedures and royalty percentage requirements.  However, if a professor is working on a contracted research project, the university or college patenting rules and procedures and royalty percentage requirements apply for inventions developed through the project.  A professor is the legal owner of a patent or patents or other intellectual property developed while working on uncontracted research projects at the Washington technology center.

          (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 the patent royalties or sales proceeds from the inventor for the patents developed or researched at the center by a professor if the company or organization licensing the patent 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) The Washington technology center may process a patent or a license or market a patent developed by professors through the Washington technology center on behalf of the professors.

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

NEW SECTION. Sec. 2.  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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