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Updated 8/10/22
What is Intellectual Property?
When used in this agreement, the term "Intellectual Property” shall be understood collectively
to mean Copyrights, Patents, Patent Applications, and discoveries which are not protectable
under the U.S. Patent laws, and Copyrights.
When used in this agreement, the term "Copyright" shall be understood to mean that bundle of
rights that protect original works of authorship fixed in any tangible medium of expression, now
known or later developed, from which they can be perceived, reproduced, or otherwise
communicated, either directly or with the aid of a machine or device. "Works of authorship"
(including computer programs) include, but are not limited to the following: literary works;
musical works, including any accompanying words; dramatic works, including any accompanying
music; pantomimes and choreographic works; pictorial, graphic, and sculptural works
(photographs, prints, diagrams, models, and technical drawings); motion pictures and other
audiovisual works; sound recordings; and architectural works. "Tangible media" include, but are
not limited to, books, periodicals, manuscripts, phonorecords, films, tapes, and disks.
When used in this agreement, the term "Patent" shall be understood to mean that bundle of
rights that protect inventions or discoveries which constitute any new and useful process,
machine, manufacture, or composition of matter, or any new and useful improvement thereof;
new and ornamental designs for any useful article and plant patents being for the asexual
reproduction of a distinct variety of plant, including cultivated sprouts, mutants, hybrids, and
new found seedlings, other than a tuber propagated plant or plant found in an uncultivated
state.
Who Owns the Intellectual Property?
Intellectual property created, made, or originated by a faculty member* shall be the sole and
exclusive property of the faculty member author or inventor, except as he or she may
voluntarily choose to transfer such property, in full, or in part, except as provided below:
A. In accepting grants, fellowships, or other donations for research projects from private
business or industry and from the federal government, the University generally must
obligate itself to such sponsors under invention and patent clauses in the agreement with
such sponsors. In these situations, the sponsor and/or the University may be the owner.
B. If the University has specifically directed the faculty member to engage in research and a
written agreement is entered into between the University and the faculty member, then
the resulting intellectual property shall be owned as set forth in such written agreement.
C. The University shall own copyright in the following three circumstances:
D. The University expressly directs a faculty member to create a specified work, or the
work is created as a specific requirement of employment or as an assigned institutional
duty that may, for example, be included in a written job description or an employment
agreement.
E. The faculty member author has voluntarily transferred the copyright, in whole or in part
to the institution. Such transfer shall be in the form of a written document signed by the
faculty member author.