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133 A P P E N D I X G Intellectual Property Management Checklist As the details in this Guide would suggest, intellectual property (IP) management is an intensive process. There are significant details and resources required to develop a highly operating IP managing organization. However, for many state DOTs resources may be limited and IP management cannot be a very high priority due to other responsibilities and tasks. However, in such instances what are some effective things that state DOT managers can do to manage their IP? It is first and foremost important to understand that any level of proactive IP management will require some time and some commitment. The checklist below provides some suggestions that should provide guidance although they are not exhaustive. Identify potential IP assets Identify outcome(s) that may potentially be protected as IP. o Review projects at the very beginning. Based on the expectation of the project, document what are possible outcomes. o Review projects periodically, for example at the midpoint or at the point of a major deliverable to assess any potential IP. o Review projects near the end to check that any potential IP has been accounted. o Identify the value of a specific outcome. Understand the value of the outcome and its importance Does managing this outcome really matter? o Who other than the state DOT may care about the outcome (other stakeholders)? o Understand the broader goal or purpose for initiating a particular project. Understand the contracts and agreements with a third party if necessary. Structure agreements within the projects to provide flexibility in managing IP.
134 Management Guide to Intellectual Property for State Departments of Transportation Decided if there is really any potential IP at all Classify the outcomes o Is it software? o Is it a test method? o Is it a machine? o Is it a public service announcement? o Is it a video? o Is it â¦..? Classify the potential IP protection for the outcome o Patent? o Copyright? o Trademark? o Trade secret? Understand the funding source (Bayh-Dole implications) How is this project funded? o State only funds o Federal only funds o Combination of state and federal funds Strengthen the relationship with the inventors/creators Ask the creator/inventor their suggestions on how the potential IP may be managed. They are very knowledgeable about how their creation is different from current state-of-the-art. This may include both internal staff as well as contractors.
