| SUBJECT: | LEGAL SERVICES | TITLE: | PROVISION OF INCUBATOR FACILITIES |
| CODING: | 00-01-90-55:00 | ADOPTED: | 02/01/91 | AMENDED: | 11/15/97 |
I. PURPOSE
To facilitate the provision and use of office and laboratory space for
Participants in the Roan
of UMDNJ incubator program and to establish the distribution of any income
accruing to
the University as a result of the incubator program.
II. ACCOUNTABILITY
Under the direction of the President, the Vice President for Legal Management shall ensure compliance with this policy. The Director of Patent and Licensing shall implement this policy.III. POLICY
A. Guidelines:
1. Requests for use of office and laboratory space
for Participants in the Roan of
UMDNJ incubator program shall be directed to the Chairman of the Department
and the faculty member or members having suitable space available, with
a copy to
the Dean.
2. If, as a result of accepting a Participant in the Roan of UMDNJ incubator
program and providing them with facilities, the University receives financial
benefits from the Participants, or the Participant's company, in the form of
cash from the sale of stock, dividends or interest, such money is to be
divided between the University, the school, the department, and the faculty
member providing the space utilized, according to the formula below in (3).
Royalties or other monies resulting from the licensing of any University
intellectual property, to a Participant, or a Participant's company shall,
however, be excluded from the division in paragraph 3.3. The division of monies received from a Participant or Participant's company
in the incubator program shall be according to the following formula:
a. 70 percent to the University;b. 10 percent to the school or unit providing the facilities to the Participant;
c. 10 percent to the department providing the facilities;4. If two or more departments, or faculty members, are providing space, any
d. 10 percent to the research funds of the faculty member whose
laboratory or office space is being shared with the Participant or
occupied by the Participant;e. if the space available in a department is not currently occupied or
used by a faculty member the department shall also receive the
10 percent normally designated for a faculty member's research
funds;f. if the Participant is housed in space provided directly by the
University, for example, in the Administration Complex with no
school or departmental involvement the University will retain all
monies received; andg. if the space utilized by the Participant is provided directly by the
school and no department is involved the division shall be only
between the University and the school with the school receiving
30 percent.
monies shall be divided equally between the schools, departments or faculty
members.5. In the event of any dispute between departments or faculty members as to the
division of monies the Dean of the school's decision shall be final.6. Since the faculty member(s) may be working in close proximity to the
Participant it is possible that an interchange of ideas or technical data may
take place and that joint inventions may result. In such cases the faculty
member or members shall assign their rights in the invention to the University,
as required by the Patent Policy. The University may then license its share in
the joint invention to the Participant or to a third party. In that event, any
royalties or license fees received by the University shall be divided according
to the Patent Policy.7. Similarly, the incubator Participant may request a license to existing University
technology and any royalties or license fees will again be divided according to
the Patent Policy.
By Direction of the President:
______________________________
Vice President for Legal Management