Purpose

To provide a policy governing the ownership of intellectual property and associated University employee responsibilities.

Introduction

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Objectives

1. create appropriate support mechanisms and incentives to encourage inventive work,

2. assure fair allocation of benefit between inventors and the University,

3. establish general guidelines for University personnel,industrial sponsors and funding organizations on the disposition of intellectual property, and

4. define the rights and responsibilities of faculty, staff and students with emphasis on allowing inventors to become appropriately involved in and benefit from commercialization decisions and processes.

Procedures

1. Ownership

   Patentable inventions (hereinafter called patentable intellectual property) created by Ohio University faculty, staff and students (hereinafter called inventors) in connection with activities eithersupported by University-administered funds or conducted in University controlled facilities, shall be the property of the University in accordance with state law. Otherwise, the invention shall be the sole property of inventors.

   Software or computer data bases created as a result or byproduct of a research agreement between outside sponsors and the University may, under terms of the agreement, require the University to convey commercial use rights to the sponsor. In such cases the University will be assigned ownership and the sponsor granted a license, thereby allowing the University to pursue commercialization and distribute license royalties to the creator. All such arrangements must contain language that holds the University harmless from all liability claims and product warranties.

   Computer software or data bases created by an individual as part of University-assigned duties shall be the property of the University. Otherwise, non-patentable software or data bases created by an individual are owned by the creator. Ownership of such software and data bases is not contingent on whether or not University facilities were used or University support was provided as is the case for patentable intellectual property.

2. Invention Disclosure

   Inventors are strongly encouraged to disclose all potential patentable intellectual property to the University Technology Transfer Office. For sponsored research, inventors have a contractual obligation to promptly disclose potential patentable intellectual property. The Technology Transfer Office will review each intellectual property disclosure for commercialization potential and assess the University's responsibility to disclose inventions to research sponsors. Such reviews shall take no longer than 90 days before a decision is made as to University interest in pursuing commercialization. If the University declines to pursue commercialization the inventor and the funding agency will be notified in writing and the inventor may have the right to commercialize the intellectual property independent of University ownership.

3. Distribution of License Royalties

   In return for license rights granted to a commercial entity to make, use and sell the University's patentable intellectual property, the University shall seek royalty from the licensee. Royalties earned on any intellectual property owned by or assigned to the University will be distributed to faculty, staff or student inventors, or other inventive parties once all expenses associated with the particular intellectual property have been recovered by the University. Royalty is subject to distribution according to the following formulae:

   The first $100,000 of annual royalty

   1. 50% as direct payment to inventor(s)

   2. 15% to department of the inventor(s) or

   3. originating unit

   4. 10% to college of the inventor(s)

   5. 25% to the University

   More than $100,000 of annual royalty

   1. 30% as direct payment to inventor

   2. 20% to department of the inventor(s) or

   3. originating unit

   4. 15% to college of the inventor(s)

   5. 35% to the University

   All named inventors shall receive equal distribution. In special circumstances, after consultation and agreement affected units, the Vice President among inventors and an alternative for Research and Graduate Studies may use formula for distributing royalty.

4. Tangible Research Property (TRP)

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   Commercial entities may desire to evaluate TRP either owned by or assigned to the University prior to actually licensing the TRP or the processes used to derive the TRP. In return for the right or option to evaluate the commercial potential of TRP, the commercial entity should pay fees both to obtain the TRP and to secure the option to evaluate the TRP. University revenues derived from TRP evaluations should be directed to the laboratory or department of the creator(s). If an actual commercial license occurs, the distribution of royalty from the TRP, or derivatives of it that may exist in the form of patents or other licensable property, will be subject to arrangements and distribution formulae specified above. The Technology Transfer office will become involved in marketing and commercial distribution of creator-owned TRP only if the creator assigns ownership rights to the University.

Inventor/Employee Responsibilities

1. Conflicts of interest

   交货

   University faculty and staff may not become directly involved in negotiating commercial agreements for intellectual property which is owned, assigned to or otherwise controlled by the University. It is the responsibility of the Technology Transfer Office to conduct such negotiations. University personnel are discouraged from holding positions as operating officers or acting in key decision-making capacities in businesses that have or intend to establish commercial relationships with the University. Faculty and staff members may hold ownership in private entities that seek to commercialize the results of their research provided that (1) such arrangements conform to Ohio law, (2) ownership is fully disclosed to the Vice President for Research and Graduate Studies, and (3) ownership does not bias scholarly activities of the person owning equity or of individuals directed by the person.