RECLAIM INVENTION ACT
Version 0.9
Last updated August 17, 2016

More information:
https://www.eff.org/reclaim-invention/legislation


PREAMBLE

The inventions developed at publicly funded universities
represent the trust of the public in the form of donations,
grants, government funding, and tuition fees. Public
universities should ensure that their patent assets are
managed in a way that serves their educational and public
interest missions. University research should fuel the
creation of new products, new services, and new jobs. It
should never become a tax on the innovation and investment
of others.

SECTION 1. Section XXX is added to the Education Code, to
read:

(a) Definitions:

"Patent" includes any issued patent or patent application,
including but not limited to a design patent or design
registration, from any jurisdiction.

"Patent assertion entity" means any entity whose primary
business model is based on using patents to obtain licensing
fees from practicing companies.

"Patent Assertion" means either: (i) asserting (including
but not limited to via a written or oral demand) a claim of
Infringement of a Patent for the primary purpose of deriving
royalties or other monetary compensation under such Patent,
or (ii) the commencement or subsequent pursuit of a claim,
action or proceeding in a judicial, administrative or other
governmental body based on a claim of Infringement of such
Patent.

(b) In order to be eligible to receive student financial
assistance or state research funding, [State-funded
university system(s)] must-

(1) adopt a policy relating to inventions, patents, and
technology transfer that demonstrates that the university is
committed to ensuring that patent assets are managed in a
way that serves the public interest. To further this goal,
the policy must require the university to:

(A) determine whether a patent is the most effective way to
bring a new invention to a broad user base before filing for
a patent that covers that invention; (B) research the past
practices of potential patent buyers or licensees; (C)
prioritize technology transfer that develops its inventions
and scales their potential user base; (D) endeavor to
nurture startups that will create new jobs, products, and
services; (E) endeavor to assign and license patents only to
entities that require such licenses for active
commercialization efforts or further research and
development; (F) foster agreements and relationships that
include the sharing of know-how and practical experience to
maximize the value of the assignment or license of the
corresponding patents; and (G) prioritize the public
interest in all patent transactions.

(2) not assign or exclusively license any Patent to any
Patent Assertion Entity; and

(3) any assignment of a Patent from [State-funded university
system] to a Patent Assertion Entity shall be considered
void and unenforceable.


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https://creativecommons.org/publicdomain/zero/1.0/