Board of Regents meeting minutes, 1919-1921

Page 235

197 Board of Regents, University of Utah. We, the committee, to whom was referred on April 11th, 1921, the matter of the Bradford Patents, with request that we make recommendations to the Board at some future meeting, reapectfully report as follows: We have examined the numerous letters and documents pertain- ing to this subject which were transmitted to us, and have also secured record of all minute entries of the Board of Regents pertaining to this matter, and have added them, as well as several letters received since that time, to the.file. We fail to find anything in the minute entries that commits the Board to the understanding which appears from the other correspondence to have prevailed. On May 12th 1919, recommendation by the President was adopted providing that "When a faculty member of the University secures a Patent on the basis of work done with the University money and equipment, his Patent shall be made out one-half in favor of the University, and one-half in favor of the Inventor." From other documents and correspondence in the record it appears to have been tentatively agreed upon that the University of Utah would own all Patent Rights within the United States, except in the State of Utah, which rights belong to the Pepe Shenon Mining Company, with the further understanding that the Mining Company must give to the University on an annual accounting, one~half the net royalties received by it for the use of the process by other companies within the state of Utah. The interest of the Pope Shenon Mining Company was in reimbursement to it of eXpenditures made in connection with expenditures and assistance given Dr. Bradford in his experiments and securing the Patent. We recommend that this agreement be substantially carried out, but that the University do not enter into any cnntract, either with Dr. Bradford or withsthe Pope Shenon Mining Company. We therefore suggest that Dr. Bradford convey the Patent Rights in_the United States outside of Utah, direct to the University, and the other rights in the State of Utah, to the Pope Shenon Mining Company, which shall in turn convey to the University one-half the net royalties of Operation in the,State of Utah. We prefer this method because we believe it is unwise for the University to commit itself to contracts of this character. ‘If the equities conveyed by Dr. Bradford and the Mining Company later develop value, the University will be in position to 1 assert its rights. We have not as yet consulted the Attorney General, but should this plan be accepted, we would suggest that his office »be requested to pass upon the necessary papers of transfer. In making these recommendations we wish it distinctly understood that the action in this case should not be considered as establishigg a precedent, but in view of all the circumstances, we believe it wise and proper that the present controverSy be adjusted in the manner we have outlined.