Patents and Copyrights

  • Policy Type: Business Management 
  • Policy Title: Patents and Copyrights 
  • Policy Number: 3.7.5
  • Office Responsible: Business Services
  • Related Policies: N/A
  • Related Procedures: N/A
  • Related Laws: N/A
  • HLC Criterion: N/A

Policy Statement

Any invention, discovery or writing resulting from work by a member of the staff or faculty of the College, conducted wholly independently of and bearing no relationship to the normal field of employment by the College, or any research or other project conducted by the College, shall be the property of such member of the staff or faculty without claim of the College to any rights thereunder or to any proceeds therefrom.

Any invention, discovery or writing resulting from work conducted by a member of the staff or faculty of the College in the normal field of employment by the College, or with the use of any of the facilities of the College, or relating to any research or other project conducted by the College for an outside sponsor shall be the property of the College, its assigns or other legal representatives. The College, its assigns or other legal representatives shall have the right to apply for and obtain and shall have complete ownership in any and all patents or copyrights, domestic or foreign, on any such invention, discovery or writing, shall have full control of the licensing, sale or grant of other rights thereunder. The members of the faculty or staff of the College who make or author any such invention, discovery or writing agree for themselves, their heirs or other legal representatives to cooperate fully with the College in perfecting and protecting the aforesaid ownership in the College of all rights to any such invention, discovery or writing and to any and all patents and copyrights obtained thereon, and including the execution of any and all papers, including applications for letters patent and copyright of any and all kinds and in any and all countries.

In the event that any member of the staff or faculty of the College should apply to the Vice Chancellor for Administrative Services for a release with respect to any invention, discovery or writing made or authored by such member, he/she shall determine if the College has any interest in such invention, discovery or writing and, if no such interest exists, may release all rights to such invention, discovery or writing to such member upon terms and conditions, if any, to be set by the Vice Chancellor for Administrative Services under the circumstances, after consulting with the Chancellor and patent council.

Faculty members who are granted a release by the College for Texts or other material for student use may not profit from the sale of such materials to students whom they teach. Any royalties received as a result of such activity must be rebated to the College. All other royalties may be kept by the employee.

In the event that any money royalties are received by the College from the licensing, sale or grant of other rights under any invention, discovery or writing or any patents or copyrights obtained thereon, except for monies received from an outside sponsor in payment for or in relation to a research or other project conducted by or for the College, a member or members of the staff or faculty who have contributed to such invention, discovery or writing shall be entitled to receive not less than fifty percent (50%) of the net proceeds of such money royalties received by the College. The term "net proceeds" as used in this statement of policy shall mean gross money proceeds less the cost of obtaining and protecting the right to such invention, discovery or writing and including, by way of illustration and not limitation, renewing, licensing, selling defending and enforcing any patents or copyrights obtained thereon.

The money royalties received and retained by the College from the licensing, sale or grant of other rights with respect to invention, discoveries and writings to which the College has title under this policy shall accrue to the benefit of the College, and the resulting fund shall be administered by the Vice Chancellor for Administrative Services in concurrence with the Chancellor and Board of Trustees of the College, in such a manner as to promote the growth and development of the College as a whole. College employees who develop patentable or copyrightable materials and assign them to the College will participate in any and all royalties and other revenues for each invention and /or copyright as prescribed below. Within sixty days after the end of the fiscal year, the College will provide a statement for each such invention or copyright for each employee/author/inventor, or his or her heirs or assignees showing the following schedule:

All direct costs associated with the procurement, publication and activities for developing agreements or contracts with outside agencies pertaining to that particular invention or patent shall be deducted from the income from that year, or, if that amount exceeds such income, carried over to be charged against subsequent income which might accrue.

After all direct costs for the year and existing carryover charges are deducted, all remaining income shall be distributed to employees as follows: 

1. First 5,000         All to employee(s)
2. Above 5,000      50% to employee(s)

Change Log

  • 09-20-73  Approved 
  • 08-15-94  Revised

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