Disclosing your software to IPO enables you to distribute the software outside of the Lab. IPO works creatively with software developers to determine which licensing strategy best meets the needs of the Lab, the Area, the development team, and DOE. All software needs to be distributed under some kind of license. Biosciences software with little to no commercial value can be released under an open source license (almost always BSD) if IPO, the DOE site office, and the DOE program manager approve. IPO often releases software using a dual-license approach where academics and non-profits receive the software at no cost and commercial entities pay a fee or royalty. Software developers receive 35% of net royalties from any royalty-bearing licenses to their software. Your employment contract requires that you disclose to IPO all software you produce while you are employed at the Lab.
Who is considered a software developer for the purpose of disclosure?
A developer is anyone who writes code. Unlike patenting, someone who only contributed ideas to the development of the software would not be a developer. You should keep records of the individuals who contributed work on the code and what funding supported its development. Sometimes IPO does file a patent to cover an invention that has been embodied in software, in which case those contributing to the ideas behind the software would be considered inventors on the patent. In this case an ROI and software disclosure should be submitted to IPO but it is best to discuss with your IPO point of contact before submitting an ROI.
Who owns your software?
The Regents of the University of California own software developed by employees of Berkeley Lab that is within the employee’s scope of work at the Lab or developed using any Lab resources. Employees assign your software to the UC Regents when they sign the IP Acknowledgement form before their employment term begins.
What happens once I submit a software disclosure?
You will receive confirmation that your submission was received. An IPO technology commercialization associate (TCA)—or, for JBEI, the JBEI Director of Commercialization—will then assess the software for commercial potential. The assessment will include a discussion or email communication with the developer(s). Assessments are usually conducted within a month of submission. If the software includes third party code, an IPO licensing associate will review the license(s) for that code to see if the terms dictate restrictions on future distribution.
Special issues: incorporating third party software in your code
If your project requires that you incorporate third party software, be sure to document where you obtained the code and download and keep a copy of the software license. Refer to this chart of third party licenses to find out how they will impact our ability to distribute your software. For more information on third party code, contact Jean Haemmerle or Sebastian Ainslie.
