                                 CODE OF VIRGINIA

OWNERSHIP AND USE OF PATENTS AND COPYRIGHTS DEVELOPED BY CERTAIN PUBLIC
EMPLOYEES; CREATIVE COMMONS COPYRIGHTS (§ 2.2-2822)

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 (&#xA7; 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.

HISTORY: 1985, c. 502, § 2.1-20.1:1; 2001, c. 844; 2009, cc. 791, 841; 2020, c.
738.