A. Patents, copyrights or materials that were potentially patentable or copyrightable developed by a state employee during working hours or within the scope of his employment or when using state-owned or state-controlled facilities shall be the property of the Commonwealth.
B. The Secretary of Administration shall establish policies, subject to the approval of the Governor, regarding the protection and release of patents and copyrights owned by the Commonwealth. Such policies shall include, at a minimum, the following:
1. A policy granting state agencies the authority over the protection and release of patents and copyrights created by employees of the agency. Such policy shall authorize state agencies to release all potentially copyrightable materials under the Creative Commons or Open Source Initiative licensing system, as appropriate.
2. A provision authorizing state agencies to seek patent protection only in those instances where the agency reasonably determines the patent has significant commercial value. The responsible state agency shall file with the Secretary a summary of the expected commercial value of the patent.
3. A procedure authorizing state agencies to determine whether to license or transfer to a state employee any interest in potentially patentable material developed by that employee during work hours, as well as to determine the terms of such license or transfer.
4. A procedure authorizing state agencies to determine whether to license or transfer to a private entity any interest in potentially patentable material developed by that agency, as well as to determine the terms of such license or transfer.
C. Nothing in this section shall be construed to limit access to public records as provided in the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
D. This section shall not apply to employees of public institutions of higher education who shall be subject to the patent and copyright policies of the institution employing them.
1985, c. 502, § 2.1-20.1:1; 2001, c. 844; 2009, cc. 791, 841; 2020, c. 738.
Structure Code of Virginia
Title 2.2 - Administration of Government
Chapter 28 - General Provisions
§ 2.2-2800. Disability to hold state office
§ 2.2-2801. Disability to hold state office; exceptions
§ 2.2-2804. Selective Service compliance
§ 2.2-2805. Members of armed forces; reserve forces
§ 2.2-2806. Holding other office by officers of state institutions
§ 2.2-2807. Prohibition against holding two elected offices simultaneously; exceptions
§ 2.2-2808. Acts under color of office; contracts in violation of chapter
§ 2.2-2809. Bonds of certain officers required; condition
§ 2.2-2810. Premiums on such bonds
§ 2.2-2812. Employment of personnel
§ 2.2-2814. How salaries, expenses and other allowances paid; time of payment
§ 2.2-2815. Increase in salaries
§ 2.2-2817. Defense of employees
§ 2.2-2817.1. State agencies to establish alternative work schedules; reporting requirement
§ 2.2-2817.2. Employees of the University of Virginia Medical Center
§ 2.2-2818. Health and related insurance for state employees
§ 2.2-2818.01. Employer contributions
§ 2.2-2818.2. Application of mandates to the state employee health insurance plan
§ 2.2-2820. Purchase of health insurance coverage by part-time state employees
§ 2.2-2821.1. Leave for bone marrow or organ donation
§ 2.2-2821.2. Leave for volunteer fire and volunteer emergency medical services
§ 2.2-2821.3. Leave for volunteer members of Civil Air Patrol
§ 2.2-2823. Traveling expenses on state business; public or private transportation
§ 2.2-2824. Monitoring travel expenses while on state business
§ 2.2-2825. Reimbursement for certain travel expenditures; restrictions on reimbursement
§ 2.2-2826. Travel expense accounts; review by Comptroller
§ 2.2-2827. Restrictions on state employee access to information infrastructure
§ 2.2-2829. Disappearance of public officer; when office presumed vacant