History 2002 – Director of research and sponsored program develops IP policy Fall 2002 – Referral to review the policy February 2003 – Faculty affairs.

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Presentation transcript:

History 2002 – Director of research and sponsored program develops IP policy Fall 2002 – Referral to review the policy February 2003 – Faculty affairs forwarded comments to office of research and sponsored program Fall 2004 – Faculty Affairs met with Provost and discussed the policy and EO 890 Fall 2004 – A task force of members of research and sponsored programs and faculty affairs is formed Winter and Spring 2005 – Task force developed a new policy Fall and Winter 2006 – Faculty affairs reviewed the policy

Purpose Protects primary educational goals by guiding development of intellectual property Encourage research and commercialization through equitable allocation of benefits Provide assistance for bringing intellectual property to market place

What Does the Policy Cover? Copyright Inventions and Patents Does not cover trademarks or trade secrets – less likely in a university

Organization Copyright –Ownership rights –Contractual/licensing agreement –Administration Patent –Ownership –Invention disclosure process –Administration

Copyright Ownership Copyright works belong to the authors provided that works are developed using university resources usually and customarily provided Copyrightable property resulted from works created with “extraordinary support” shall be jointly owned For non-faculty and faculty serving in administrative positions, works created as specific requirement of employment or as assigned duty are “works for hire” and belong to the university Minimum royalty to authors of IP shall be 50%

Specific Exclusions The followings are not considered “extraordinary support” unless specified in advance and in writing by all parties –Research stipend or release time provided for faculty development purpose –Grant or stipend provided to develop a new course or enhance existing course –Sabbatical leave –DIP –RSCA

Patent Ownership For non-sponsored work, all discoveries are the property of the inventor unless extraordinary support has been provided For sponsored work the agreement between sponsor and university determines the ownership Distribution of net income shall be 50% to inventor (s), 15% to home college (s) and 15% to home department (s) and 20% to University

Administration Copyrights administered by AVP/R&GS For inventions AVP/R&GS reviews disclosure and determines ownership For both copyrights and inventions, disputes over ownership will be resolved by an advisory committee Faculty has majority on both advisory committees