Question - Infrared Technology

Over the course of the last two years, the college's material sciences department has developed a method of infrared imaging that can detect defects in certain building construction materials not otherwise discernible with the naked eye. Although most of the work on the project was done within the material sciences department, the IT department's top computer programming team supplied a critical component to the research when it developed a computerized guidance system for the infrared beam. The college has decided to put the technology up for bid, offering an exclusive license to the company that offers the best terms and the contract of the longest duration. The computer programming team is protesting the need for an exclusive license of long duration. It feels strongly that the technology it has helped develop should be available to as many industry players as possible as soon as possible, so it is threatening to block the licensing of the technology. Can it do that?

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Maybe, maybe not. The key to whether the computer programming team may block the licensing of the developed technology lies with whether it has any ownership interest in the technology. Generally, in such a scenario, it would not. The team members developed the guidance system either in the course and scope of their regular employment with the college, or pursuant to a special agreement that likely limited or assigned their ownership in the technology to the college. Unless the team somehow maintained an ownership interest in the technology, it has no voice and the college may contract with whomever and for whatever terms it wishes. It is interesting to note, however, that there may be limitations on the college's desire to grant an exclusive license if federal dollars were used in its development of the technology. Under the Bayh-Dole Act, colleges are expected to give licensing preference to small businesses where technology is developed using federal funds.