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This
acknowledgment is made by me to The Regents of the University of California,
a corporation, hereinafter called "University," in part consideration
of my employment, and of wages and/or salary to be paid to me during
any period of my employment, by University, and/or my utilization of
University research facilities and/or my receipt of gift, grant, or contract
research funds through the University.
By execution of this acknowledgment, I understand that I am not waiving any rights
to a percentage of royalty payments received by University, as set forth in the
University of California Patent Policy, hereinafter called "Policy."
I also understand and acknowledge that the University has the right to change
the Policy from time to time, including the percentage of net royalties paid
to inventors, and that the policy in effect at the time an invention is disclosed
shall govern the University's disposition of royalties, if any, from that invention.
Further, I acknowledge that the percentage of net royalties paid to inventors
is derived only from consideration in the form of money or equity received under:
1) a license or bailment agreement for licensed rights, or 2) an option or letter
agreement leading to a license or bailment agreement. I also acknowledge that
the percentage of net royalties paid to inventors is not derived from research
funds or from any other consideration of any kind received by the University.
The Policy on Accepting Equity When Licensing University Technology governs the
treatment of equity received in consideration for a license.
I acknowledge my obligation to assign inventions and patents that I conceive
or develop while employed by University or during the course of my utilization
of any University research facilities or any connection with my use of gift,
grant, or contract research funds received through the University. I further
acknowledge my obligation to promptly report and fully disclose the conception
and/or reduction to practice of potentially patentable inventions to the Office
of Technology Transfer or authorized licensing office. Such inventions shall
be examined by University to determine rights and equities therein in accordance
with the Policy. I shall promptly furnish University with complete information
with respect to each.
In the event any such invention shall be deemed by University to be patentable
or protectable by an analogous property right, and University desires, pursuant
to determination by University as to its rights and equities therein, to seek
patent or analogous protection thereon, I shall execute any documents and do
all things necessary, at University's expense, to assign to University all rights,
title, and interest therein and to assist University in securing patent or analogous
protection thereon. The scope of this provision is limited by California Labor
Code section 2870, to which notice is given below. In the event I protest the
University's determination regarding any rights or interest in an invention,
I acknowledge my obligation: (a) to proceed with any University requested assignment
or assistance; (b) to give University notice of that protest no later than the
execution date of any of the above-described documents or assignment; and (c)
to reimburse University for all expenses and costs it encounters in its patent
application attempts, if any such protest is subsequently sustained or agreed
to.
I acknowledge that I am bound to do all things necessary to enable University
to perform its obligations to grantors of funds for research or contracting agencies
as said obligations have been undertaken by University.
University may relinquish to me all or a part of its right to any such invention,
if, in its judgment, the criteria set forth in the Policy have been met.
I acknowledge that I am bound during any periods of employment by University
or for any period during which I conceive or develop any invention during the
course of my utilization of any University research facilities, or any gift,
grant, or contract research funds received through the University.
In signing this agreement I understand that the law, of which notification is
given below, applies to me, and that I am still required to disclose all my inventions
to the University.
NOTICE
This acknowledgment does not apply to an invention which qualifies under the
provision of Labor Code section 2870 of the State of California which provides
that (a) Any provision in an employment agreement which provides that an employee
shall assign, or offer to assign, any of his or her rights in an invention to
his or her employer shall not apply to an invention that the employee developed
entirely on his or her own time without using the employer's equipment, supplies,
facilities, or trade secret information except for those inventions that either:
(1) Relate at the time of conception or reduction to practice of the invention
to the employer's business, or actual or demonstrably anticipated research or
development of the employer; or (2) Result from any work performed by the employee
for the employer. (b) To the extent a provision in an employment agreement purports
to require an employee to assign an invention otherwise excluded from being required
to be assigned under subdivision (a), the provision is against the public policy
of this state and is unenforceable.
In any suit or action arising under this law, the burden of proof shall be on
the individual claiming the benefits of its provisions.
Employee/Guest Name (Please print) _______________________________
Employee/Guest Signature: _______________________________________
Date Witness Signature: _________________________________________
Date: ________________________________________________________
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