2.2-2822 - Ownership and use of patents and copyrights developed by certain public employees; Creative Commons copyrights. - Virginia Statutes

§ 2.2-2822. Ownership and use of patents and copyrights developed by certainpublic employees; Creative Commons copyrights.

A. Patents, copyrights or materials that were potentially patentable orcopyrightable developed by a state employee during working hours or withinthe scope of his employment or when using state-owned or state-controlledfacilities shall be the property of the Commonwealth.

B. The Secretary of Administration, in consultation with the Secretary ofTechnology, shall establish policies, subject to the approval of theGovernor, regarding the protection and release of patents and copyrightsowned by the Commonwealth. Such policies shall include, at a minimum, thefollowing:

1. A policy granting state agencies the authority over the protection andrelease of patents and copyrights created by employees of the agency. Suchpolicy shall authorize state agencies to release all potentiallycopyrightable materials under the Creative Commons or Open Source Initiativelicensing system, as appropriate.

2. A provision authorizing state agencies to seek patent protection only inthose instances where the agency reasonably determines the patent hassignificant commercial value. The responsible state agency shall file withthe Secretary a summary of the expected commercial value of the patent.

3. A procedure authorizing state agencies to determine whether to license ortransfer to a state employee any interest in potentially patentable materialdeveloped by that employee during work hours, as well as to determine theterms of such license or transfer.

4. A procedure authorizing state agencies to determine whether to license ortransfer to a private entity any interest in potentially patentable materialdeveloped by that agency, as well as to determine the terms of such licenseor transfer.

C. Nothing in this section shall be construed to limit access to publicrecords as provided in the Virginia Freedom of Information Act (§ 2.2-3700 etseq.).

D. This section shall not apply to employees of public institutions of highereducation who shall be subject to the patent and copyright policies of theinstitution employing them.

(1985, c. 502, § 2.1-20.1:1; 2001, c. 844; 2009, cc. 791, 841.)