RECLAIM INVENTION ACT Version 0.91 Last updated September 19, 2016 More information: https://www.eff.org/reclaim-invention/legislation PREAMBLE The inventions developed at publicly funded universities represent the trust of the public in the form of donations, grants, government funding, and tuition fees. Public universities should ensure that their patent assets are managed in a way that serves their educational and public interest missions. University research should fuel the creation of new products, new services, and new jobs. It should never become a tax on the innovation and investment of others. SECTION 1. Section XXX is added to the Education Code, to read: (a) Definitions: "Patent" includes any issued patent or patent application, including but not limited to a design patent or design registration, from any jurisdiction. "Patent Assertion" means either: (i) asserting (including but not limited to via a written or oral demand) a claim of Infringement of a Patent for the primary purpose of deriving royalties or other monetary compensation under such Patent, or (ii) the commencement or subsequent pursuit of a claim, action or proceeding in a judicial, administrative or other governmental body based on a claim of Infringement of such Patent. "Patent assertion entity" means any entity whose primary business model is based on patent assertion or otherwise using patents to obtain licensing fees from practicing companies. (b) In order to be eligible to receive student financial assistance or state research funding, [State-funded university system(s)] must- (1) adopt a policy relating to inventions, patents, patent assertion, and technology transfer that demonstrates that the university is committed to ensuring that patent assets are managed in a way that serves the public interest. To further this goal, the policy must require the university to: (A) determine whether a patent is the most effective way to bring a new invention to a broad user base before filing for a patent that covers that invention; (B) research the past practices of potential patent buyers or licensees; (C) prioritize technology transfer that develops its inventions and scales their potential user base; (D) endeavor to nurture startups that will create new jobs, products, and services; (E) endeavor to assign and license patents only to entities that require such licenses for active commercialization efforts or further research and development; (F) foster agreements and relationships that include the sharing of know-how and practical experience to maximize the value of the assignment or license of the corresponding patents; and (G) prioritize the public interest in all patent assertions and patent transactions. (2) not assign or exclusively license any Patent to any Patent Assertion Entity; and (3) any assignment of a Patent from [State-funded university system] to a Patent Assertion Entity shall be considered void and unenforceable. -- To the extent possible under law, the Electronic Frontier Foundation has waived all copyright and related or neighboring rights to this document. https://creativecommons.org/publicdomain/zero/1.0/