A tenured physics professor and her post-doctoral associate are performing research supported by an NSF award. Working together, they conceive an idea for a novel test device and build a prototype for use in their research. The device could, potentially, be developed commercially and marketed to other researchers and for industrial use.

The post-doctoral associate is applying for tenure-track academic positions and urgently needs publications. He urges immediate submission of a co-authored communication describing the device to a peer reviewed journal, and he proposes to present a co-authored paper about the device at the next American Physical Society meeting. Others are researching the same area, and he fears being scooped. He cites NSF policy (see above) to support his demands.

The professor has no urgent need for more publications, and she senses a once-in-a-lifetime opportunity. She rejects the idea of immediate publication, also citing NSF policy (see above). She notifies the university administration that she plans to file a patent (with her and the post-doctoral associate as co-inventors) on the device before submitting a manuscript for publication. In preliminary discussions with a patent attorney, she is advised to delay publication for about six months.

The post-doctoral associate takes his case to the department chair and to the dean.

PLEASE CONSIDER THIS QUESTION