Intellectual property that is an invention or software created by University employees, students, post-doctoral or other fellows in the course of their research; or created by individuals, including students, or post-doctoral or other fellows, using substantial University resources, is owned by the University subject to the terms of written agreements (including grants, contracts, and cooperative agreements with the federal government ) between the University and third parties under which the University, solely or in collaboration, conducts research or other activities.
All such persons must report the creation of an invention to the Office for Technology Commercialization to enable the University to exercise its rights as owner of the invention and to ensure that its obligations to third parties and the federal government are satisfied. Researchers must follow the procedure: Reporting Inventions or Software to the University and Sponsors to make these reports.
All such persons may report the creation of any software to the Office for Technology Commercialization to enable the University to license the rights to an external organization or person.
Excluding obligations to sponsored research funders, when all software contributors agree, faculty may distribute software under a commonly adopted open source license in a manner that best serves the University’s mission and their academic discipline. Faculty do not have any right to assign, license or transfer the patent rights in software. In distributing under an open source license, faculty must take affirmative steps to ensure that the patent rights in software are not affected, in any way, by the terms of the license. An open source release of software must be a.) public and b.) in a manner that reasonably maximizes distribution of the software. The Office for Technology Commercialization is available to assist with open source license selection, license compatibility, external ownership and other licensing concerns.
All such persons planning to release software under an open source license which integrates with the Office of Information Technology enterprise infrastructure (including logins, server IP addresses, data queries, etc.) must first report the software to the Office for Technology Commercialization and such software will be subject to a security assessment and requires approval from the Office of Information Technology.
Copyrighted academic works, as defined in Board of Regents Policy: Copyright, are not covered by this policy.
Reason for Policy
To comply with Board of Regents Policy: Commercialization of Intellectual Property Rights. This policy protects the University's intellectual property (i.e., inventions or software), and helps ensure that the University (and, as applicable the individual) is complying with reporting requirements based on government funding and external sponsored research agreements. The University and the sponsor must be notified in a timely manner in order to exercise their legal rights to protect or market the intellectual property.