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110%er [9666]
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If a Clemson student invents a better mouse trap while using
Mar 19, 2014, 10:36 AM
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Clemson facilities, grants, etc., does he get to benefit from the patent on this new mouse trap? Or does it belong to Clemson?
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Addict [441]
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Belongs to Clemson***
Mar 19, 2014, 10:37 AM
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110%er [9666]
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Can a parallel be drawn between this and football players
Mar 19, 2014, 10:42 AM
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wanting to be paid?
Clemson provides a student a place to sharpen his skills and he invents a better mouse trap along the way. Clemson makes money from this new trap...the kid benefits because his skills are now recognized as being very marketable.
The student couldn't have achieved this without the university and it's facilities. (Well, he could, but it would have been infinitely more difficult.)
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All-In [29036]
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Not really, in my view
Mar 19, 2014, 10:45 AM
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The argument for paying players is fairly simple (though the ramifications are not). The argument is that the effort of the student athlete is not being rewarded financially at anywhere near the level of the return gained by the University on their effort.
Of course, asking that question forces you to recognize that the vast majority of the student athletes are on the other end of that equation.
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All-TigerNet [11963]
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Undergrads own their IP. Graduate students do not.***
Mar 19, 2014, 10:48 AM
[ in reply to Belongs to Clemson*** ] |
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Trainer [38]
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Not exactly
Mar 19, 2014, 11:20 AM
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When I was doing my senior design project in ME, we had to sign a waiver stating that we understood that the University holds the IP unless we want to purchase it later. So even undergrads don't have rights to the IP if using University funds or facilities.
Outside of using University provided computer programs, facilities, funding or ideas, the IP belongs to the student.
If it was designed at a student's apartment, I would say student's. If the student uses the educational license of a design software at any time, it is Clemson's.
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All-TigerNet [11963]
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Ahh.. different for different universities.
Mar 19, 2014, 11:41 AM
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here, I teach the senior class. The sponsoring companies may request that the students sign an IP agreement, but that's with the company, not the university.
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All-In [29036]
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I'm not a lawyer
Mar 19, 2014, 10:41 AM
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But it is my understanding that typically unless you enter into an agreement to assign patent rights to an organization, the patent belongs to the inventor. I'm not sure if there is an agreement that goes along with the grants that would assign the rights to the University or not (though I imagine there would be). There is a concept of "shop-rights" where if you invent something while on the job, even if you own the patent the employer has rights to use the invention without license since you created it on their time. Not sure how that would apply in a University setting, though I'd bet there are clearly delineated agreements seeing as how one of the functional arms of the University is research.
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110%er [9666]
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I;m guessing as well, but I think the intellectual property
Mar 19, 2014, 10:45 AM
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belongs to the university if it's on their dime.
I commented above - I'm just trying to draw a parallel between this situation and a football player wanting to be paid.
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All-In [29036]
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It is possible
Mar 19, 2014, 10:47 AM
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That the nature of the relationship between student/researcher and University is one which assumes the student/researcher is 'employed' for that skill, in which case explicit agreements may not be in place. It would shock me to find out, however, that in today's litigious world explicit agreements weren't in place.
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CU Guru [1250]
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The Student Receives 50% of any proceeds from the patent
Mar 19, 2014, 11:14 AM
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as do faculty members in the same position.
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Rock Defender [73]
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Re: That is not true. Rarely does the individual receive
Mar 19, 2014, 11:34 AM
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A meaningful portion. There are normally a lot of people involved in these situations and the pie gets cut so to speak.
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All-TigerNet [10572]
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If an amateur athlete is compensated with money
Mar 19, 2014, 11:37 AM
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He is a professional athlete and cannot compete
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All-In [30837]
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did said kid get admitted to Clemson
Mar 19, 2014, 2:30 PM
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On his mouse trapping skills whereas his peers with much higher academic achievements were denied?
Did said kid receive a full mouse trap scholarship?
Most important, did said kid get all the hot wimmens for his trap building skills.
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