§ 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.