Davis Faculty Association

The DFA Board wanted to follow-up on the message sent last month regarding changes that UC is making to the way faculty assign patents to UC.

Patents are not relevant to a large number of campus disciplines, and so the changes to the patent language that UC is implementing should not be a financial concern for most faculty members. For the small number of faculty who were depending on the old patent language, here is what a DFA member who has valuable patents says, based on his conversation with a lawyer:

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As a part of our ongoing exchange of information regarding the amendment to the patent agreement requested by the University, I am sharing my current understanding.

After contacting legal counsel, my understanding is that the Stanford case does not obligate employees to amend their patent agreement. The requested amendment might help protect the University from ending up in a situation similar to the result in the Stanford case. That does not necessarily mean that an employee is obligated to give the University a preinvention present assignment rather than an assignment after creation and disclosure, if the Patent Agreement that was signed does not require it. Principles of tenure and wrongful termination may protect employees from having the University condition future employment on signing the requested amendment. The University may have the discretion to make other changes that could adversely impact an uncooperative employee.

The language change, although consistent with the intent of the earlier language, is not a mere clarification; it is a material change in the rights of the parties to the Patent Agreement according to the Stanford case. Because the University cannot change the Patent Agreement unilaterally, it is asking employees to agree to the change. Although the employees may be obligated to assign certain inventions to the University once the invention is created, this change would make the present assignment in the amendment effective by operation of law (automatically) without further assignment once the invention exists, under the Stanford case. There may be reasons in particular situations, such as where the nature or timing of the invention is disputed, why one might not want to agree to an automatic assignment.

There are also questions as to whether the signed amendment might be used by the University to argue interpretation, waiver or estoppel as to other issues, so as to expand the impact of the amendment.

In the absence of a third party agreement involving a present assignment, such as the one in the Stanford case, or a refusal to sign an assignment on disclosure, an employee’s refusal to sign this amendment is probably inconsequential to the University’s rights under the Patent Agreement.

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Other information:

The clause in the old agreements that UCOP may be using to enforce this change is probably:

“I will do all things necessary to enable the University to perform its obligations to grantors of funds for research or contracting agencies as said obligations have been undertaken by the University.”

One of the most useful sources of information on this issue provided by UCOP is the signing form FAQ, available at:

http://www.vres.us/html/uofc/UCPatent_FAQ.pdf

Other useful links:

Senate:
http://www.universityofcalifornia.edu/senate/reports/RA_LPrepatentagmt_FINAL.pdf

Signing form:
http://www.vres.us/ucpatent.html

Background:
http://www.vres.us/html/uofc/UCPatent_Background.pdf

Old versions
http://www.vres.us/html/uofc/Previous_Patent.html

The Davis Faculty Association, Davis Division of the Academic Senate and Davis Division of the Academic Federation invite nominations of candidates for The Charles P. Nash Prize.

The Charles P. Nash Prize is designed to reward exceptional achievement and commitment in promoting shared governance and advocacy for faculty interests and welfare.

The Prize is awarded annually to a member of the UC Davis Academic Senate, the Davis Faculty Association, or the Academic Federation whose actions demonstrate an exceptional and extended commitment to shared governance and/or promoting faculty interests by ensuring equitable treatment of faculty. In the spirit of Charlie Nash, such activity must be above and beyond normal committee assignments or academic obligations, typically, spanning a period of time or one’s career.

Nominations are sought from any member of the academic community: students, faculty, staff, alumni, departments or units. Eligibility: All members of the Academic Federation, Academic Senate and Davis Faculty Association who have not previously won the award are eligible. Previous nominees who have not received the award may be renominated. Current Nash Prize Selection Committee Members are ineligible for nomination.

The Charles P. Nash Prize is designed to reward exceptional achievement in the spirit of Charlie Nash. Examples of Charlie Nash’s achievements include:

* Using the machinery of the faculty governance process, often invoking the mechanisms of Academic Senate committees, to achieve equity for individual faculty members

* Making certain that the machinery of shared governance works well, both structurally and functionally

* Contributing to analysis of shared governance, such as the “Mending the Wall” report (http://academicsenate.ucdavis.edu/documents/shared_governance_report.pdf)

* Working with others to craft the Nash-Goldman report which made recommendations for changes in the personnel policy for Academic Federation employees (http://academicpersonnel.ucdavis.edu/acadfed/nashgoldmanreport.cfm)

* Supporting legislation that allows faculty to assign their own texts and protect their intellectual property rights (www.ucdfa.org/nash.htm)

* Mentoring and advising faculty to guide them in “finding their way thru the merit and promotion briar patch,” as well as assisting them with their personnel cases within their departments and with the Academic Senate Committee on Academic Personnel

* Serving for many years on faculty committees to advocate for faculty interests, including:
- Chair of the Davis Faculty Association board
- Vice President of External Affairs on the CUCFA board
- Chair of the Davis Division Academic Senate (2 terms)

The annual prize will be awarded in a public ceremony and will include a $1,000 honorarium. There is no restriction on the prize recipient with regard to the use of the prize.

Nominations should be addressed to: The Nash Prize Selection Committee. Letters of nomination accompanied by a one-page list of relevant accomplishments must be submitted electronically. Send your nomination materials to the committee chair at apdragona@ucdavis.edu.

Deadline for Nominations: All nominations must be received electronically by 5:00 PM, Friday, February 3, 2012. Questions may be addressed to the committee chair (apdragona@ucdavis.edu).

The Committee will rely upon material presented to it; therefore it is important that the letter and list make the best case possible within the space limitation. The Nash Prize Selection Committee will review the nominations and will select a recipient from the original slate of candidates. The Committee is permitted to select one recipient for each academic year.

Sincerely,

2011-2012 Nash Prize Selection Committee
Aliki Dragona (Chair)
Robert Rucker
Ian Kennedy
Krishnan Nambiar

An upcoming event that may of of interest to DFA members:

Inequality, Educational Access and the Future of the University

Speakers: Senator Darrell Steinberg, Sue Dynarski, and Christopher Edley

Events across UC campuses this past fall remind us of the need to engage in discussions about the core challenges facing access to higher education in California. Our panelists will discuss how higher education can positively impact individual economic outcomes, and what strategies the University can employ to ensure all students can access higher education.

Friday Jan. 20, 2:30-3:50, 1002 Giedt Hall.

This event is part of the Center for Poverty Research Seminar series. For more information, contact: Adrienne Wonhof, aiwonhof@ucdavis.edu, 752-4024.