Be it enacted by the General Assembly of Virginia:
1. That § 2.2-2822 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-2822. Ownership and use of patents and copyrights developed by certain public employees; Creative Commons copyrights.
A. Patents, copyrights or materials that were
potentially patentable or copyrightable developed by a state employee during
working hours or within the scope of his employment or when using state-owned
or state-controlled facilities shall be the property of the Commonwealth.
B. The Secretary of Administration, in consultation with the Secretary of Technology, shall establish policies, subject to the approval of the Governor, regarding the protection and release of patents and copyrights owned by the Commonwealth. Such policies shall include, at a minimum, the following:
1. A policy granting state agencies the authority over the protection and release of patents and copyrights created by employees of the agency. Such policy shall authorize state agencies to release all potentially copyrightable materials under the Creative Commons or Open Source Initiative licensing system, as appropriate.
2. A provision authorizing state agencies to seek patent
protection only in those instances where the agency reasonably determines the
patent has significant commercial value. The responsible state agency shall
file with the Secretary a summary of the expected commercial value of the
3. A procedure authorizing state agencies to determine whether to license or transfer to a state employee any interest in potentially patentable material developed by that employee during work hours, as well as to determine the terms of such license or transfer.
4. A procedure authorizing state agencies to determine whether to license or transfer to a private entity any interest in potentially patentable material developed by that agency, as well as to determine the terms of such license or transfer.
C. Nothing in this section shall be construed to limit access to public records as provided in the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
D. This section shall not apply to employees of public institutions of higher education who shall be subject to the patent and copyright policies of the institution employing them.
2. That the Secretary of Administration, in consultation with the Secretary of Technology, shall submit a final copy of the patent and copyright policy required pursuant to this section to the House Committee on Science and Technology, Senate Committee on General Laws and Technology, and the Joint Commission on Technology and Science no later than December 1, 2009.