{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-2822.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-2822.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-2822.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-2822.html"}],"law_id":64304,"edition_id":1,"section_id":64304,"structure_id":14612,"section_number":"2.2-2822","catch_line":"Ownership and use of patents and copyrights developed by certain public employees; Creative Commons copyrights","history":"1985, c. 502, \u00a7 2.1-20.1:1; 2001, c. 844; 2009, cc. 791, 841; 2020, c. 738.","full_text":"A\n\nPatents, 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\n\nThe 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\n\nA 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\n\nA 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\n\nA 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\n\nA 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\n\nNothing 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\n\nThis 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.","order_by":null,"text":{"0":{"id":234034,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":234035,"text":"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:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":234036,"text":"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.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":234037,"text":"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.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":234038,"text":"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.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":234039,"text":"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.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":234040,"text":"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.).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":234041,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14612,"edition_id":1,"name":"General Provisions","identifier":"28","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:48:55","date_modified":"2026-06-26 03:48:55","permalink":{"id":175735,"object_type":"structure","relational_id":14612,"identifier":"28","token":"2.2\/I\/E\/28","url":"\/2.2\/I\/E\/28\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13049,"edition_id":1,"name":"State Officers and Employees","identifier":"E","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":175733,"object_type":"structure","relational_id":13049,"identifier":"E","token":"2.2\/I\/E","url":"\/2.2\/I\/E\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68109,"structure_id":14612,"section_number":"2.2-2800","catch_line":"Disability to hold state office","url":"\/2.2-2800\/","token":"2.2\/I\/E\/28\/2.2-2800","metadata":false},{"id":80552,"structure_id":14612,"section_number":"2.2-2801","catch_line":"Disability to hold state office; exceptions","url":"\/2.2-2801\/","token":"2.2\/I\/E\/28\/2.2-2801","metadata":false},{"id":75134,"structure_id":14612,"section_number":"2.2-2802","catch_line":"Exception as to public officer or employee who engages in war service or is called to active duty in the Armed Forces of the United States","url":"\/2.2-2802\/","token":"2.2\/I\/E\/28\/2.2-2802","metadata":false},{"id":83200,"structure_id":14612,"section_number":"2.2-2803","catch_line":"Exception as to public officer or employee serving in the Selective Service System of the United States","url":"\/2.2-2803\/","token":"2.2\/I\/E\/28\/2.2-2803","metadata":false},{"id":86431,"structure_id":14612,"section_number":"2.2-2804","catch_line":"Selective Service compliance","url":"\/2.2-2804\/","token":"2.2\/I\/E\/28\/2.2-2804","metadata":false},{"id":69867,"structure_id":14612,"section_number":"2.2-2805","catch_line":"Members of armed forces; reserve forces","url":"\/2.2-2805\/","token":"2.2\/I\/E\/28\/2.2-2805","metadata":false},{"id":83533,"structure_id":14612,"section_number":"2.2-2806","catch_line":"Holding other office by officers of state institutions","url":"\/2.2-2806\/","token":"2.2\/I\/E\/28\/2.2-2806","metadata":false},{"id":74638,"structure_id":14612,"section_number":"2.2-2807","catch_line":"Prohibition against holding two elected offices simultaneously; 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exceptions","url":"\/2.2-2812.1\/","token":"2.2\/I\/E\/28\/2.2-2812.1","metadata":false},{"id":71377,"structure_id":14612,"section_number":"2.2-2813","catch_line":"Definitions; compensation and expense payments from state funds for service on collegial bodies","url":"\/2.2-2813\/","token":"2.2\/I\/E\/28\/2.2-2813","metadata":false},{"id":72502,"structure_id":14612,"section_number":"2.2-2814","catch_line":"How salaries, expenses and other allowances paid; time of payment","url":"\/2.2-2814\/","token":"2.2\/I\/E\/28\/2.2-2814","metadata":false},{"id":65734,"structure_id":14612,"section_number":"2.2-2815","catch_line":"Increase in salaries","url":"\/2.2-2815\/","token":"2.2\/I\/E\/28\/2.2-2815","metadata":false},{"id":72671,"structure_id":14612,"section_number":"2.2-2816","catch_line":"Liability of salary of officer for debt he owes Commonwealth; how enforced; when officer's right to file petition barred","url":"\/2.2-2816\/","token":"2.2\/I\/E\/28\/2.2-2816","metadata":false},{"id":73024,"structure_id":14612,"section_number":"2.2-2817","catch_line":"Defense of employees","url":"\/2.2-2817\/","token":"2.2\/I\/E\/28\/2.2-2817","metadata":false},{"id":85515,"structure_id":14612,"section_number":"2.2-2817.1","catch_line":"State agencies to establish alternative work schedules; reporting requirement","url":"\/2.2-2817.1\/","token":"2.2\/I\/E\/28\/2.2-2817.1","metadata":false},{"id":61045,"structure_id":14612,"section_number":"2.2-2817.2","catch_line":"Employees of the University of Virginia Medical Center","url":"\/2.2-2817.2\/","token":"2.2\/I\/E\/28\/2.2-2817.2","metadata":false},{"id":68317,"structure_id":14612,"section_number":"2.2-2818","catch_line":"Health and related insurance for state employees","url":"\/2.2-2818\/","token":"2.2\/I\/E\/28\/2.2-2818","metadata":false},{"id":80971,"structure_id":14612,"section_number":"2.2-2818.01","catch_line":"Employer contributions","url":"\/2.2-2818.01\/","token":"2.2\/I\/E\/28\/2.2-2818.01","metadata":false},{"id":76713,"structure_id":14612,"section_number":"2.2-2818.1","catch_line":"Supplemental health insurance coverage; state employees eligible for military health insurance coverage","url":"\/2.2-2818.1\/","token":"2.2\/I\/E\/28\/2.2-2818.1","metadata":false},{"id":64235,"structure_id":14612,"section_number":"2.2-2818.2","catch_line":"Application of mandates to the state employee health insurance plan","url":"\/2.2-2818.2\/","token":"2.2\/I\/E\/28\/2.2-2818.2","metadata":false},{"id":77915,"structure_id":14612,"section_number":"2.2-2819","catch_line":"Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active or retired state employee","url":"\/2.2-2819\/","token":"2.2\/I\/E\/28\/2.2-2819","metadata":false},{"id":56145,"structure_id":14612,"section_number":"2.2-2820","catch_line":"Purchase of health insurance coverage by part-time state employees","url":"\/2.2-2820\/","token":"2.2\/I\/E\/28\/2.2-2820","metadata":false},{"id":83527,"structure_id":14612,"section_number":"2.2-2820.1","catch_line":"Repealed","url":"\/2.2-2820.1\/","token":"2.2\/I\/E\/28\/2.2-2820.1","metadata":false},{"id":76045,"structure_id":14612,"section_number":"2.2-2821","catch_line":"Workers' compensation insurance plan for state employees trust fund for payment of claims","url":"\/2.2-2821\/","token":"2.2\/I\/E\/28\/2.2-2821","metadata":false},{"id":82554,"structure_id":14612,"section_number":"2.2-2821.1","catch_line":"Leave for bone marrow or organ donation","url":"\/2.2-2821.1\/","token":"2.2\/I\/E\/28\/2.2-2821.1","metadata":false},{"id":66004,"structure_id":14612,"section_number":"2.2-2821.2","catch_line":"Leave for volunteer fire and volunteer emergency medical services","url":"\/2.2-2821.2\/","token":"2.2\/I\/E\/28\/2.2-2821.2","metadata":false},{"id":82416,"structure_id":14612,"section_number":"2.2-2821.3","catch_line":"Leave for volunteer members of Civil Air Patrol","url":"\/2.2-2821.3\/","token":"2.2\/I\/E\/28\/2.2-2821.3","metadata":false},{"id":64304,"structure_id":14612,"section_number":"2.2-2822","catch_line":"Ownership and use of patents and copyrights developed by certain public employees; Creative Commons copyrights","url":"\/2.2-2822\/","token":"2.2\/I\/E\/28\/2.2-2822","metadata":false},{"id":60037,"structure_id":14612,"section_number":"2.2-2823","catch_line":"Traveling expenses on state business; public or private transportation","url":"\/2.2-2823\/","token":"2.2\/I\/E\/28\/2.2-2823","metadata":false},{"id":86427,"structure_id":14612,"section_number":"2.2-2824","catch_line":"Monitoring travel expenses while on state business","url":"\/2.2-2824\/","token":"2.2\/I\/E\/28\/2.2-2824","metadata":false},{"id":73173,"structure_id":14612,"section_number":"2.2-2825","catch_line":"Reimbursement for certain travel expenditures; restrictions on reimbursement","url":"\/2.2-2825\/","token":"2.2\/I\/E\/28\/2.2-2825","metadata":false},{"id":86361,"structure_id":14612,"section_number":"2.2-2826","catch_line":"Travel expense accounts; review by Comptroller","url":"\/2.2-2826\/","token":"2.2\/I\/E\/28\/2.2-2826","metadata":false},{"id":66971,"structure_id":14612,"section_number":"2.2-2827","catch_line":"Restrictions on state employee access to information infrastructure","url":"\/2.2-2827\/","token":"2.2\/I\/E\/28\/2.2-2827","metadata":false},{"id":72066,"structure_id":14612,"section_number":"2.2-2828","catch_line":"Repealed","url":"\/2.2-2828\/","token":"2.2\/I\/E\/28\/2.2-2828","metadata":false},{"id":68011,"structure_id":14612,"section_number":"2.2-2829","catch_line":"Disappearance of public officer; 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public or private transportation","url":"\/2.2-2823\/","token":"2.2\/I\/E\/28\/2.2-2823","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-2822\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 502 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter 844<\/a>; in 2009, chapters 791<\/a> and 841<\/a>; in 2020, chapter 738<\/a>.<\/p>","references":false,"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"}],"permalink":{"id":175865,"object_type":"law","relational_id":64304,"identifier":"2.2-2822","token":"2.2\/I\/E\/28\/2.2-2822","url":"\/2.2-2822\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-2822\/","token":"2.2\/I\/E\/28\/2.2-2822","dublin_core":{"Title":"Ownership and use of patents and copyrights developed by certain public employees; Creative Commons copyrights","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-2822","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Patents, copyrights or materials<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 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: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> 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<\/span> under the Creative Commons or Open Source Initiative licensing system, as appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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<\/span> shall file with the Secretary a summary of the expected commercial value of the patent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A procedure authorizing state agencies to determine whether to license or transfer to a state employee any interest in potentially patentable material<\/span> developed by that employee during work hours, as well as to determine the terms of such license or transfer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A procedure authorizing state agencies to determine whether to license or transfer to a private entity any interest in potentially patentable material<\/span> developed by that agency, as well as to determine the terms of such license or transfer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 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<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOWNERSHIP AND USE OF PATENTS AND COPYRIGHTS DEVELOPED BY CERTAIN PUBLIC\nEMPLOYEES; CREATIVE COMMONS COPYRIGHTS (\u00a7 2.2-2822)\n\nA. Patents, copyrights or materials that were potentially patentable or\ncopyrightable developed by a state employee during working hours or within the\nscope of his employment or when using state-owned or state-controlled facilities\nshall be the property of the Commonwealth.\n\nB. The Secretary of Administration shall establish policies, subject to the\napproval of the Governor, regarding the protection and release of patents and\ncopyrights owned by the Commonwealth. Such policies shall include, at a minimum,\nthe following:\n\n 1. A policy granting state agencies the authority over the protection and\n release of patents and copyrights created by employees of the agency. Such\n policy shall authorize state agencies to release all potentially copyrightable\n materials under the Creative Commons or Open Source Initiative licensing\n system, as appropriate.\n\n 2. A provision authorizing state agencies to seek patent protection only in\n those instances where the agency reasonably determines the patent has\n significant commercial value. The responsible state agency shall file with the\n Secretary a summary of the expected commercial value of the patent.\n\n 3. A procedure authorizing state agencies to determine whether to license or\n transfer to a state employee any interest in potentially patentable material\n developed by that employee during work hours, as well as to determine the\n terms of such license or transfer.\n\n 4. A procedure authorizing state agencies to determine whether to license or\n transfer to a private entity any interest in potentially patentable material\n developed by that agency, as well as to determine the terms of such license or\n transfer.\n\nC. Nothing in this section shall be construed to limit access to public records\nas provided in the Virginia Freedom of Information Act (§ 2.2-3700 et\nseq.).\n\nD. This section shall not apply to employees of public institutions of higher\neducation who shall be subject to the patent and copyright policies of the\ninstitution employing them.\n\nHISTORY: 1985, c. 502, \u00a7 2.1-20.1:1; 2001, c. 844; 2009, cc. 791, 841; 2020, c.\n738.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}