N.Y. Public Officers Law § 64-a: Patent policy

§ 64-a. Patent policy. 1. Notwithstanding the provisions of section

one hundred thirty-five of the civil service law, the participation in

royalty or other arrangements may be extended or the payment of

additional compensation may be made to an employee of a state department

or of an agency, in addition to such employee's definite salary or

compensation, provided such participation or additional compensation is

pursuant to a patent policy approved for such department or agency by

the director of the budget and the state comptroller. Such participation

or additional compensation shall not affect the entitlement of the

employee to any regular pay, annuity or award to which he or she is

otherwise entitled or for which he or she is otherwise eligible under

the civil service law or any other applicable statute shall not be

included as compensation for the purposes of computing overtime pay or

for retirement purposes.

2. The department and agency patent policies in effect on the

effective date of this section shall be continued. Such existing

policies, unless promulgated pursuant to article eight of the education

law, shall be subject to the approval of the director of the budget and

the state comptroller.

3. A state department or agency may, after the effective date of this

section, adopt a patent policy, or amend a patent policy previously

approved by the director of the budget for such agency, subject to the

approval of the director of the budget, the state comptroller and the

director of the office of employee relations. Where such policy or

amendment affects a term or condition of employment, such policy or

amendment shall be adopted in accordance with the provisions of article

fourteen of the civil service law.

4. Any such patent policy shall contain an express provision requiring

the comptroller's approval of any transfer of patents or other

technologies by, or for the benefit of, the state.