§ 64-A — Patent policy

§ 64-a. Patent policy. 1. Notwithstanding the provisions of section\none hundred thirty-five of the civil service law, the participation in\nroyalty or other arrangements may be extended or the payment of\nadditional compensation may be made to an employee of a state department\nor of an agency, in addition to such employee's definite salary or\ncompensation, provided such participation or additional compensation is\npursuant to a patent policy approved for such department or agency by\nthe director of the budget and the state comptroller. Such participation\nor additional compensation shall not affect the entitlement of the\nemployee to any regular pay, annuity or award to which he or she is\notherwise entitled or for which he or she is otherwise eligible under\nthe civil service law or any other applicable statute shall not be\nincluded as compensation for the purposes of computing overtime pay or\nfor retirement purposes.\n 2. The department and agency patent policies in effect on the\neffective date of this section shall be continued. Such existing\npolicies, unless promulgated pursuant to article eight of the education\nlaw, shall be subject to the approval of the director of the budget and\nthe state comptroller.\n 3. A state department or agency may, after the effective date of this\nsection, adopt a patent policy, or amend a patent policy previously\napproved by the director of the budget for such agency, subject to the\napproval of the director of the budget, the state comptroller and the\ndirector of the office of employee relations. Where such policy or\namendment affects a term or condition of employment, such policy or\namendment shall be adopted in accordance with the provisions of article\nfourteen of the civil service law.\n 4. Any such patent policy shall contain an express provision requiring\nthe comptroller's approval of any transfer of patents or other\ntechnologies by, or for the benefit of, the state.\n