Germplasm Release Form
Procedures for the Evaluation of Agronomic, Horticultural, and Forestry Plants, Seeds, Germplasm, and Crops Released by the Iowa Agriculture and Home Economics Experiment Station
Introduction
Iowa State University (ISU), through research conducted by faculty in the Iowa Agriculture and Home Economics Experiment Station (IAHEES), strives to release and distribute high-quality plant cultivars and germplasm to meet the needs of farmers and agribusiness in improving the yield, agronomic and quality characteristics of the important crops for the north central region of the USA. This document outlines the procedures to be followed by ISU faculty, staff, and administrators associated with the IAHEES in the release of agronomic, forestry, and horticultural cultivars, lines, strains, and germplasm developed by station scientists.
The decision to release improved plant material is based upon the premise that the University is a place for free and open inquiry, where knowledge is generated and disseminated in an orderly and timely way. Any policy or procedure statement about the release of plant material must recognize and incorporate several basic principles:
- procedures that govern discoveries from publicly supported research should assure protection of the public interest,
- procedures should recognize the fair and equal treatment of those providing intellectual input in the research and discovery process,
- the ownership of research discoveries must be consistent with prevailing law of the State of Iowa.
The release of a given variety, hybrid, strain, line, clone, or germplasm involves two independent, yet major decisions: 1) the decision to release the improved plant material based upon its merit; and, 2) the decision on the optimal method for assuring that the release is useful to the public. These procedures were developed to provide uniformity for making these decisions. Also, these procedures are designed to strengthen the decision for release by providing adequate peer review opportunities. If the investigator(s) choose to bypass these procedures, no IAHEES designation (name or number) can be assigned and no IAHEES resources can be used by the investigator(s) to release and multiply material.
Release Procedures Materials Originating at ISU
Any ISU employee who is also a member of the College of Agriculture or is funded by the IAHEES who has made a discovery related to an agronomic, forestry or horticultural crop variety, strain, line, or germplasm that warrants the protection of ownership prior to release and who wants an IAHEES-approved release shall follow the procedure outlined below.
- The investigator shall complete the IAHEES disclosure form and distribute it to the Director of the Iowa State University Research Foundation (ISURF), the Office of Intellectual Property, the appropriate departmental executive officer (DEO) and the Associate Director of the IAHEES. All persons who receive the disclosure statement and participate in the review process agree to maintain the confidentiality of the disclosure.
- The investigator shall prepare and include in the IAHEES Release of Intellectual Property disclosure statement the following documentation. The documentation should include, but is not limited to, the following items:
- Background and nature of discovery
- Origin, pedigree, and description of characteristics
- Suggested name or appropriate identification
- Rationale for release
- Projected release date
- Proposed method of commercialization
- Relevant data on the evaluation of the material being released including comparisons to appropriate public and private materials already available in the commercial sector
- Other pieces of evidence to support the release
- Source of funding
- When appropriate, it is recommended for agronomic, horticultural, or forestry materials requiring spring planting that disclosure forms and supporting documents be submitted by January 15 of the calendar year in which they will be released. This will allow ample time for committee review, notification of other state agricultural experiment stations that may be participating in the release, preparation and registration of licensing agreements, and distribution of crops, seeds, and/or germplasm prior to spring planting.
- Upon receipt of the disclosure, the DEO may appoint an ad hoc or a standing departmental committee to review the proposed release. The departmental committee, upon review of the proposed release, shall make its recommendations to the DEO. Any departmental recommendations shall become a part of the supporting materials forwarded from the DEO to the IAHEES Associate Director. The departmental recommendation should be completed within two (2) weeks of the DEO's receipt of the disclosure.
- Upon receiving the disclosure form and recommendation from the originating department, the IAHEES Associate Director shall arrange for a meeting of the IAHEES Plants, Seeds, Crops, and Germplasm Evaluation Committee. The chairperson shall distribute the written materials to the committee. The committee shall have as its responsibility the following:
- Review the proposed release, the accompanying documentation, and any departmental recommendations. The committee shall review and make its recommendation to the Associate Director.
- The membership of the IAHEES Plants, Seeds, Crops, and Germplasm Evaluation Committee shall consist of:
- Five Faculty Members from the College of Agriculture/IAHEES
- CAD Business Manager
- Executive Director of ISURF (ex-officio/non-voting)
- Principal Investigator(s) will participate in committee deliberations as a resource person(s).
- After review of the documentation, the committee should transmit in its recommendation to the Director of the IAHEES the following information:
- approval/denial for release by IAHEES
- suggested procedure and method for commercialization
- The Associate Director of IAHEES will chair the committee or appoint a member to serve in that capacity. Each committee member shall have one vote. Minutes shall be recorded and distributed to committee members, DEOs, and principal investigator(s).
- The Director of the IAHEES (or designee) shall be notified of the recommendations of the committee. The IAHEES Director (Dean of the College of Agriculture) shall have responsibility for the final decision regarding IAHEES approval or denial of the release. If the release is approved, the Director shall recommend a commercialization method. This decision will be transmitted to the Director of ISURF, appropriate DEO(s), PI(s), and where appropriate, the CAD business manager.
Establishment and Distribution of Royalties and/or Research Fees
When in the judgement of all involved that some form of royalty bearing mechanism is warranted, the following procedures apply.
The royalty rates for releases covered by these procedures and originating at Iowa State University are established by ISURF in consultation with the principal investigator(s), IAHEES, CAD, and other appropriate individuals.
The distribution of royalties and/or research fees is, under current ISURF policies, distributed according to the following formula:
- From gross revenues received for royalties and research fees, ISURF shall deduct 15% of the gross revenues as an administration and operations fee.
- From the gross revenues, all direct costs are deducted. Direct costs include such items as PVP costs, patent costs, licensing preparation fees, etc. The amount remaining is designated as the Net Royalty Income.
- The Net Royalty Income is then distributed as follows:
- to the principal investigator(s)
- to the administrative unit (IAHEES)
- as the University share (ISURF)
IAHEES
January, 1991
DISCLOSURE FORM
RELEASE OF INTELLECTUAL PROPERTY
Plants, Seed, and/or Crops Materials
Approval is hereby requested for RELEASE and distribution of the following Plant, Seed, Crop, and/or Germplasm Material as an IAHEES-approved release.
Projected Release Date: _____________
Identification (Name and/or Number):_________________________________________________
Pedigree:
Origin:
Description (Taxonomic):
Performance Summary:
Intellectual Property Release Form
Plants, Seeds, Crops, and/or Germplasm Materials |
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Rationale for Release:
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Proposed Method of Commercialization and/or Distribution:
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Funding Source:
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Other Information Attached (describe):
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Recommended by Principal Investigator(s):
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Date_________ |
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Date_________ |
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Date_________ |
| Recommended for Release: |
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| ______________________________ |
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| Departmental Executive Officer |
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| ______________________________ |
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| Departmental Executive Officer |
Date |
| ______________________________ |
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| Chairperson, IAHEES Plants, Seeds, Crops, and Germplasm Evaluation Committee |
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| ______________________________ |
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Associate Director, IAHEES
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Date |
| ______________________________ |
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| Director, IAHEES |
Date |