Division of Net Royalty and Proceeds

Science/Technology Committee | Royalty/Equity Distribution

Policy No.: 7001
Effective Date: 03/16/05
Revised Date: 02/10/10
Reviewed Date: 02/10/10

Policy for Royalty and Equity Distribution

Basis for Policy

As per RP-4.4.2 Board of Regents Patent and Technology Transfer Policy, the University of Nebraska Medical Center (UNMC) is responsible for allocating non-inventor technology transfer proceeds according to its individual campus policy. These non-inventor proceeds consist of two thirds of the royalties and equity received in return for use of University owned intellectual property rights. Furthermore, Regents Policy no longer requires that a share of proceeds be distributed to the academic/administrative units of inventors. In order to best utilize non-inventor proceeds and to serve the objectives of the Regents Policy, UNMC shall allocate non-inventor proceeds on a case by case basis as determined by the Committee for Proceed Distribution. Those academic/administrative units having a connection to proceeds at issue shall participate to provide the Committee with information addressing their support of the underlying technology.

Membership

Members of the Committee for Proceed Distribution shall be the Vice Chancellor for Business and Finance, the Vice Chancellor for Research, the Vice Chancellor of Academic Affairs, the President of UNeMed, the Patent Administrator and one member at large to be selected annually by a majority vote of the other members. The Committee shall meet at least annually to carry out the function of RP- 4.4.2, Section 5(b).

Responsibilities

Expenses and Net Proceeds

Reviewing the legal fees and other technology transfer expenses associated with each source of proceeds. Regents’ Policy requires that such expenses be reimbursed before any proceed distributions are made.

To meet this requirement 10% of all proceeds received will be set aside for the administration of technology transfer. In addition, patent expenses and other legal and professional expenses will first be reimbursed from gross proceeds.

Reviewing general proceed allocations with other organizations and non-inventor proceed allocations between campuses.

Distribution of Net Proceeds to Inventors

Ensuring that with respect to proceeds covered by Regents’ Policies, one third of all net proceeds received by the University is distributed to University of Nebraska inventors.

When a single source of proceeds involves multiple University of Nebraska inventors, inventors should coordinate with UNeMed to file a written agreement delineating the division of proceeds between all inventors. Multiple inventor proceeds received but not adequately covered by a written inventor agreement will be distributed equally between all University of Nebraska inventors.

In some highly meritorious cases a given inventor may be found to have earned a share of the proceeds that exceeds the general recommendation of one-third; however in no case will a distribution be made to an inventor that exceeds the recommended one-third until the university has recovered 100 percent of its costs, and an appropriate continuing share has been determined for the university. Such decisions are to be considered highly exceptional and will require the approval of the President upon recommendation of the Chancellor. The President shall report such exceptions to the Board of Regents.

Distribution of Net Proceeds to Non-inventors

Examining sources of net non-inventor proceeds covered by the Regents’ intellectual property policies and determining what proportion, if any, should be distributed to inventors’ academic/administrative units. This determination shall be in keeping with each unit’s level of support and commitment to technology development. Academic/administrative units found to be without significant contribution to technology development may be excluded from receiving proceeds.

Deans or Directors of the academic/administrative units employing faculty or other persons responsible for creating intellectual property from which net proceeds are generated shall be given notice of Committee meetings and provided the opportunity to present information representing significant support of UNMC technology development. Ordinary support consisting of only the usual salary, space, and equipment afforded to faculty shall not be considered significant. Information intended to be representative of significant support to technology development shall be substantiated through documentation, interviews with inventors, or other appropriate means. The Committee shall refrain from deciding non-inventor proceed allocations until all interested principals have been given reasonable opportunity to participate.

Earmarking net proceeds as may be distributed to academic/administrative units to be used for research beneficial to technology development.
Allocating any net non-inventor proceeds to UNMC accounts for use in furthering translational research or otherwise furthering the objectives of technology and economic development. This includes those net non-inventor proceeds not distributed to academic/administrative units.
The allocation and/or earmarking of net non-inventor proceeds not to be distributed to any academic/administrative units shall take the form of a recommendation made to the UNMC Research Resources Board or its functional equivalent. The Research Resources Board shall then confirm or redirect the non-unit distribution and report the final recommendation to UNMC’s Chancellor before such proceeds are made available.

Other Responsibilities

Performing other responsibilities within the scope of RP- 4.4.2, Section 5(b).

Additional Information

Contact UNeMed or the UNMC Patent Administrator

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