The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Applicant--the public or private institution of higher education as defined by §61.003, Education Code, research institution, government organization, non-governmental organization, non-profit organization, other public entity, private company, individual, or consortia, including any combination of the aforementioned, that submits an application to the Institute for a grant funded by the Cancer Prevention and Research Fund or the proceeds of general obligation bonds issued on behalf of the Institute. Unless otherwise indicated, this term includes the principal investigator.
2. (2) Authorized expenses--items including honoraria, salaries and benefits, consumable supplies, other operating expenses, contracted research and development, capital equipment, construction or renovation of state or private facilities, travel, and conference fees and expenses, except as otherwise provided by this chapter.
3. (3) Cancer prevention--a reduction in the risk of developing cancer, including early detection, control and/or mitigation of the incidence, disability, mortality, or post-diagnosis effects of cancer.
4. (4) Cancer prevention and control program--cancer prevention programs designed to mitigate the incidence of all types of cancer in humans.
5. (5) Cancer Prevention and Research Fund--the dedicated account in the general revenue fund consisting of patent, royalty, and license fees and other income received under a contract with a grant recipient, legislative appropriations, gifts, grants, and other donations, and earned interest.
6. (6) Cancer research--research into the causes, detection, treatments, and cures for all types of cancer in humans, including pre-clinical studies, animal studies, translational research, and clinical research to develop therapies, protocols, medical pharmaceuticals, medical devices or procedures for the detection, treatment, cure or substantial mitigation of all types of cancer in humans.
7. (7) Chief Commercialization Officer--the individual employed by the Institute to oversee the review and evaluation of commercial prospects of the grant applications for cancer research and prevention activities.
8. (8) Chief Prevention Officer--the individual employed by the Institute to oversee the scientific and program review and evaluation of the grant applications for cancer prevention activities.
9. (9) Chief Scientific Officer--the individual employed by the Institute to oversee the scientific review and evaluation of the grant applications for cancer research activities.
10. (10) Commercialization Review Council--the group of individuals designated to review the commercial prospects of cancer research and prevention program applications.
11. (11) Commercial prospects--the potential for development of commercial products or services or the development of infrastructure to support these efforts, including but not limited to pre-clinical, clinical, manufacturing, and scale up activities.
12. (12) Encumbered funds--funds that are designated by a recipient for a specific purpose.
13. (13) Grant--a funding mechanism, including a direct company investment, awarded by the Institute providing money to the recipient to carry out the research or prevention program objectives.
14. (14) Indirect costs--the expenses of doing business that are not readily identified with a particular grant, contract, project, function, or activity, but are necessary for the general operation of the organization or the performance of the organization's activities.
15. (15) Institute--the Cancer Prevention and Research Institute of Texas.

16. (16) Intellectual Property Rights--any and all of the following and all rights in, arising out of, or associated therewith, but only to the extent resulting from the grant awarded by the Institute:

    1. (A) The United States and foreign patents and utility models and applications therefore and all reissues, divisions, re-examinations, renewals, extensions, provisionals, continuations and such claims of continuations-in-part as are entitled to claim priority to the aforesaid patents or patent applications, and equivalent or similar rights anywhere in the world in inventions and discoveries;
    2. (B) All trade secrets and rights in know-how and proprietary information;
    3. (C) All copyrights, whether registered or unregistered, and applications therefore, and all other rights corresponding thereto throughout the world excluding scholarly and academic works such as professional articles and presentations, lab notebooks, and original medical records; and
    4. (D) All mask works, mask work registrations and applications therefore, and any equivalent or similar rights in semiconductor masks, layouts, architectures or topography.
17. (17) Invention--any method, device, process or discovery that is conceived and/or reduced to practice, whether patentable or not, by the grant recipient in the performance of work funded by the grant.
18. (18) License agreement--an understanding by which an owner of technology and associated intellectual property rights grants any right to make, use, develop, sell, offer to sell, import, or otherwise exploit the technology or intellectual property rights in exchange for consideration.
19. (19) Prevention Review Council--the group of individuals designated as chairs of the prevention program committees created to review cancer prevention program applications.
20. (20) Project Results--any and all technology and associated intellectual property Rights.
21. (21) Recipient--the public or private institution of higher education as defined by §61.003, Education Code, research institution, government organization, non-governmental organization, non-profit organization, other public entity, private company, individual, or consortia, or any combination of the aforementioned that is awarded a grant funded by the Cancer Prevention and Research Fund or the proceeds of general obligation bonds issued on behalf of the Institute.
22. (22) Scientific research and prevention program committee--one or more groups of experts in the field of cancer research, prevention or commercialization appointed by the Executive Director and approved by the Oversight Committee for the purpose of reviewing grant applications and making recommendations to the Executive Director regarding the award of cancer research and prevention grants.
23. (23) Scientific Review Council--the group of individuals designated as chairs of the scientific research and prevention program committees created to review cancer research applications.

24. (24) Technology--any and all of the following resulting or arising from work funded by the grant:

    1. (A) inventions;
    2. (B) proprietary and confidential information, including but not limited to data, trade secrets and know-how;
    3. (C) databases, compilations and collections of data;
    4. (D) tools, methods and processes; and
    5. (E) works of authorship, excluding all scholarly works, but including, without limitation, computer programs, source code and executable code, whether embodied in software, firmware or otherwise, documentation, files, records, data and mask works; and all instantiations of the foregoing in any form and embodied in any form, including but not limited to therapeutics, drugs, drug delivery systems, drug formulations, devices, diagnostics, biomarkers, reagents and research tools.

Source Note:The provisions of this §703.2 adopted to be effective December 21, 2009, 34 TexReg 9213; amended to be effective August 1, 2010, 35 TexReg 6656.