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In reviewing a residency contract I came across a clause that I thought was a violation of ACGME institutional requirements. For years the ACGME has disallowed restrictive practice covenants in their residency contracts as an institutional requirement. This also applied to Intellectual properties, since the mission of residency is by necessity a scholarly endeavor. However, at some point in the last several years, the ACGME has dropped the restriction against IP assignment clauses from their institutional requirements.
This concerns or should concern any resident who has ever created anything. It means that institutions now not ownly own your body and soul during residency, but every clever idea that you would like to publish or patent or even think about during your contract.
Does anyone know exactly when the ACGME relaxed its prohibition on IP assignment clauses? Are they planning to drop the ban on restrictive covenents, too? I recall a case of a resident in Chicago who patented a concept while a resident, which her institution tried to steal, but ran afoul of the ACGME rules.
This concerns or should concern any resident who has ever created anything. It means that institutions now not ownly own your body and soul during residency, but every clever idea that you would like to publish or patent or even think about during your contract.
Does anyone know exactly when the ACGME relaxed its prohibition on IP assignment clauses? Are they planning to drop the ban on restrictive covenents, too? I recall a case of a resident in Chicago who patented a concept while a resident, which her institution tried to steal, but ran afoul of the ACGME rules.