Right to Publish
As a publicly supported institution, UW-Madison has an obligation to create and broadly distribute new knowledge to the betterment of human kind. The right to publish results of scholarly research, regardless of the source of financial support, and without unilateral redaction or revision by either a sponsor or donor, is a fundamental requirement in all research agreements.
UW-Madison also strongly supports respectful consideration of determination of authorship on scholarly work, including collaborative work carried out with industry sponsors.
It is consistent with this policy to establish defined time periods, typically 30 days, for a sponsor to identify and remove their confidential information, and 60 days so that an industry sponsor can protect new IP prior to public disclosure in presentations, manuscripts, and other scholarly venues. Normally, this time period would be a natural extension of ongoing communication and reporting in the sponsored research project. This integrated approach is intended to be both prudent and respectful of the needs of both sponsors and UW-Madison investigators.
UW-Madison also recognizes that industry-sponsored research does not represent national security interests and so cannot come under consideration as classified research described in Wisc. Stats. 36.11 (55m) Classified Research.
UW researchers may be involved in research that falls under regulations such as ITAR (International Traffic in Arms Regulations), EAR (Export Administration Regulations) and FACR (Foreign Asset Control Regulations). UW-Madison will need to ensure that university investigators comply with export control regulations when conducting research that falls into these categories. These regulations can impact with whom you can collaborate, whether you need an export license to carry out some portion of your research, and your ability to publish free of additional governmental review.
UW System Administrative Policy 342, Extramural Support Administration, Section 6.C.VI. Publication:
“Except when the Board has accepted a research contract pursuant to s. 36.11(55m) Wis. Stats., no agreement shall be entered into with any extramural sponsor which prohibits the right of a University employee to publish the results of the project. The University and its employees have an obligation to assure that project results are made known to the general public.”
UW System Administrative Policy 342, Extramural Support Administration, Section 6.C.VII. Patents:
“The University of Wisconsin does not contract with or otherwise require its employees to produce inventions and, thus, does not claim proprietary rights in employee inventions, except for the continuing right to use such inventions in its education and research mission. In the absence of contractual provisions obligating the transfer of all or some proprietary rights to the invention to a third party, employees who make inventions have complete ownership and control of any resulting patents. UW System policies and procedures governing patents are found in UW System Administrative Policy 346 (SYS 346), Inventions and Patents.”
UW System Administrative Policy 346, Inventions and Patents, Section 6.D. Publication of Inventions
“UW System policy establishes the obligation to ensure that research results are made known to the general public through publication. However, premature publication or other public disclosure of research results that describe an invention may interfere with or even eliminate the ability to patent such invention. Faculty, staff or students who believe they may have created an invention are encouraged to consult with the Intellectual Property Manager (i.e., WARF) prior to publication or other public disclosure of the invention.”
UW-Madison policy on open research and free exchange of information:
Wisc. Stats. 36.11 (55m) Classified Research.
UW-Madison classified research policy:
UW-Madison export control program