20-107.004. Procedures

(1) All employees shall assign inventions and patent rights to the Florida Department of Citrus as a condition of employment.

(2) All matters relating to intellectual property of potentially patentable inventions with which a Department of Citrus employee is in any way involved shall first proceed through the Patent Screening Committee.

(3) The Patent Administrator shall routinely solicit Department staff for inventions for possible patents and request inventors to submit an invention disclosure statement.

(4) The Patent Administrator shall convene the Patent Screening Committee to determine if a patent should be pursued, and if so, make a recommendation to the Executive Director. At any step in the process, if the Department elects not to pursue the development of the invention, the Department shall retain all rights assigned to the Department by inventors.

(5) If the Department elects to pursue the issuance of a patent, the Executive Director, or his/her designee, will:

(a) Negotiate licenses and other agreements covering the manufacture, use and sale or lease of patented articles or processes resulting from patents or inventions.

(b) Arrange for and direct the collection of royalties and fees and the distribution thereof to those entitled thereto, consistent with this rule and Commission policies or schedules.

(c) Negotiate with cooperating agencies to obtain agreements concerning patent rights to inventions or discoveries made as a result of research carried on by mutual understanding or under grants or contracts.

(6) In cases where the Department holds an interest in an invention co-developed with an outside agency, individual, or company and for which the Department does not take the lead in pursuing a patent, the Patent Administrator will represent the Department in discussions and negotiations with such parties leading to obtaining a patent.

Specific Authority 601.10(1) FS. Law Implemented 601.101 FS. History–New 7-29-03.