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Student Researcher Wins Patent Dispute
Matthew writes: "For years, student researchers at universities have alleged that the hierarchical system in academic research allows supervising PhDs to steal and patent inventions that were rightfully discovered by students. The Federal Circuit finally addressed these concerns by interpreting the law in a way that strictly protects the rights of student researchers. As such, student researchers will now be able to sue their supervising PhDs for any actions that are not in the best interests of the student researcher or the patent rights of the student researcher."
...their students inventions, they will not be motivated to have students to advice in the first place, and all innovation of the world, and civilization as we know it, will end.
</sarcasm>
All this is going to do is make students have to sign of their rights to patents and research, just like those of us in the real world do.
Wouldn't it be nice if schools got all the money they wanted and the army had to hold jumble sales for guns
After looking at the linked article, it seems clear that the supervisor in this case did something exceedingly dishonest and deserved to get shot down over it. You don't steal your students' work, either by patent or by publication. Period.
However, as someone who advises students, I'm a little worried about the speculation that my students can now sue me and my institution for *any* action on my part that they perceive not to be in their best interest. What if a student feels that I talked him into working on problem X, but he would have finished faster and published more papers by working on problem Y? Can I get sued over that?
What are the limits of my legal responsibility? And more importantly, if I have a particularly risk-averse chancellor/dean/department chair, is this precedent going to chill the advising relationship between me and my students?
One of the many statutes to which I implicitly agreed upon entering Oxford University states that "The university claims ownership to various forms of intellectual property produced by students in the course of or incidental to their studies". This includes any patents I might be granted (almost certainly none) *and* any software I might write while I'm here.
Which means that I immediately have to stop work on any Free Software projects, because by licensing my work Freely I would be violating the university statutes. Since I'm doing research at the moment into computer networking -- and working specifically on transport protocol design -- this isn't exactly going to help further my research.
I'm trying to get the university to agree to let me release my work "if it will promote my research goals", but after two emails and a couple weeks without any response I'm a bit dubious about whether this will work.
Tarsnap: Online backups for the truly paranoid
I've NEVER seen a tenured prof fired for anything BUT sexual harrasment. Errr...except Bob Knight (yeah he was considered a tenured professor) and that was only after he publicly attacked a 'disrespectful' student because he refered to him as simply 'What up Knight?'.
Seriously...you have to do something that is soooo in the publics eye and so far out of character with a university that it can't ignore it anymore before you get fired as a tenured professor.
Heck, my office went through with something like this about two years back. An employee of mine decided to do her Senior Thesis as a project with my department. She had gotten approval to do so by her academic department. The Academic Department did not offer her any guidance or otherwise other than this approval and suggestion on the scope of the project which happened to be 'Do What The Customer Wants'.
Anywho, she gets the project done, does the write up on it and turns everything in...source code and all. 3 Months later, I find her professor is trying to sell the code that I paid for and claim that it is his. Now, my department is a non-academic department at the same university..but it is entirely funded by grant work. We pay rent to the university and pay the university a large amount inwhich they turn around and pay our salaries. In a sence, we are paying to work here because we can (and some cases have) take the research outside of this institution and keep a larger chunk to ourselves.
Ok, that complicated things a little more. We 'work' for the same organization its a little harder for one department to get satisfication from another. This professor is now trying to sell the code to other universities and other organizations saying that he wrote it himself. We had to escallate this to a legal means using our grant provider (who legally owns a big chunk of our research) outside of the university and then bring in internal arbitration.
At this arbitration, this professor reiterates the fact that he wrote 99% of this code and she helped him. The fact of the matter was that since this was for her senior thesis, I helped her get direction on this and explained theory behind certain ideas in implementing my research, but she did 99% of the coding...with maybe 1% of it being me.
The professor that she was working with academically couldn't even understand the first bit of this, and couldn't even follow the code to reverse engineer it. I had to install it on his computer because he had never done anything like this before and couldn't follow the simple directions given on the cdrom.
The subject area of this research (psychometric shtuff) was something that she didn't know much about and the professor knew less of. In the end, he claimed that it was all his idea, it was his code, and it was his project...much to the dismay of our grant provider and my boss. Arbitration was the only way to get this out in the open and it was more or less determined that this professor was lying and had stolen the code, BUT that as it was freely given for a class assignment, the university could asurp it and do what they want...even though it was paid for by someone else. He was no longer free to sell it himself without the universities permission, along with the owners of the software.
Needless to say, everytime he's had opportunity to sell it, I've consulted with the grant provider and we've simply given a site license to them. I'll be damned if I let this asshole make any money off the deal, and they back me up on this. They paid for it, and they aren't going to let anyone else make a profit either. As he is guarenteed a certain percentage as pursuant to his tenure agreement, we are making sure that he gets exactly 49% of nothing.
So back to the point, this stuff is expected in academics. If ya don't think so, you are fooling yourself. Universities know this, and will go out of their way to make sure that their proffesors are paid well, even if its not by them. They don't want to take any chance of anyone thinking they are showing any improprieties, so its all swept under the carpet.
Luckily in my case, the stuff we were working on was supposed to be free anyways, but now we are forced to give it away for free 'under contract'. My student got screwed and her reputation on this campus was blemished and the professor simply walks away from this...though enough folks know what a sleeze and an asshole he is now...and I make it perfectly known on this campus NOT to do anything with him that he could injure a student with at a later point. None of my employees will ever work for him again, and as I've had some of the most talented programmers on campus vieing to work for me, it means that his pool of students that he can get to do his work for him is less than it was a few years ago. They make it known to the other students as well...the only thing I can hope is that he doesn't publish and the university will get sick of paying him...but that won't happen. Tenured employees never get fired...
As a co-inventor on US Patent# 5,331,222 (which has turned out to be basically worthless ;), I'd like to suggest to graduate students that they ask around as to whether a research advisor is proactive in getting students names on research papers, patents, etc., or whether they are not.
I've had the luck to work for two professors who were very pro-active about getting student names on papers and patents.