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Science and Technology Studies Commons

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Law

Clemson University

2020

Scholarly communication

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Sovereign Immunity Issues For Tech Transfer Programs At State Universities, Agnes Gambill May 2020

Sovereign Immunity Issues For Tech Transfer Programs At State Universities, Agnes Gambill

Journal of the Patent and Trademark Resource Center Association

Technology transfer is the process of transforming research and ideas into viable commercial opportunities. Notable examples of tech transfer include Google, artificial intelligence, life-saving vaccines, and renewable energy technology. Universities and colleges play an important role in the technology transfer process, ranging from brokering commercial partnerships, negotiating license agreements, and protecting intellectual property. Valuable patents are often at stake, and as a result, universities should anticipate litigation risks. State universities, in particular, face new and unusual challenges as a result of their status as state entities. Under the 11th Amendment, state universities, as an arm of the state, can claim …