Type: University Policy
Division: Research, Sponsored Research, and Grants
Office: ACADEMIC & STUDENT AFFAIRS

Contact Phone Number: 503-838-8391
Contact Email Address: info@triwou.org

TITLE
Rights to Inventions, Technological Improvements, Educational and Professional Materials
POLICY NUMBER
ASA-03-004
RESPONSIBLE OFFICER UNIVERSITY CONTACT
The Research Institute Director The Research Institute
SUMMARY
APPLICABLE TO
Faculty, Staff and Students of The Research Institute
DEFINITIONS
AUTHORITY
FULL STATEMENT OF AUTHORITY

POLICY STATEMENT

(1) The Board reserves the ownership rights to all institutional work-related inventions, and to educational and professional materials developed with institutional resources, including the right to a free and irrevocable license for usage, and if desired, the licensing for use by others.  The foregoing does not preclude an institution employee from granting copyright privileges to the publisher of a scholarly or professional journal when no compensation or royalty is involved.  

(2) Educational and professional materials shall be considered as having been developed in the course of employment in those cases when the individual was employed for the specific purpose of preparing or producing the material, or was specifically directed to develop the material as part of general employment duties and responsibilities.

(3) Lecture notes and other materials prepared by academic staff in connection with a teaching assignment and with only incidental use of institutional facilities, funds, staff, or other resources normally shall be viewed as flowing from individual effort and initiatives and shall not be construed as having been produced in the course of discharging the obligations of employment.  

(4) Funds and facilities provided by governmental, commercial, industrial or other public or private organizations, but administered and controlled by the institution and Board, shall be considered to be funds and facilities provided by or through the institution and Board.

(5) If it is determined that inventions or materials developed are not related to work or to an assigned project and that development involved no or minimal use of institutional funds or facilities, or that the material developed is incidental to the individual’s work assignment, or that the institution and Board have no right, vested interest, or claim in an invention, and the institution decides to forego the licensing or patenting of an invention of the publishing and copyrighting of the materials, the president or designee may recommend to the Vice Chancellor for Finance and Administration or designee that the Board’s interest and rights be waived, and that a statement be issued which waives any institution or Board claim.  Such a waiver may be granted only if pre-existing commitments to sponsoring agencies have been cleared.  Upon receipt of such waiver, the inventor or author shall be free to take such further steps as desired.  In the case of an invention, however, the institution has usually provided substantial laboratory, supply and equipment support.  Therefore, the president or designee will normally recommend the execution of a limited release only after the institution has exhausted efforts to license or patent the invention.  This release enables the inventor to exploit the invention and recover reasonable exploitation, licensing, and patent costs related thereto and a sum up to $10,000 out of the royalty income receipts, with the inventor and the Board sharing equally in the balance of the net royalty income. 

(6) Except as provided above, the ownership rights to all forms of educational and professional material in the form of books, musical or dramatic composition, architectural designs, paintings, sculptures, or other works of comparable type developed by institution and Board employees, either in conjunction with or aside from their employment, shall accrue to the author, unless the material is prepared in compliance with contractual provisions or as a specific work assignment, or significant institutional and Board resources were utilized.  An academic staff person’s general obligation to produce scholarly works does not constitute such a specific institution or Board assignment.  

REFERENCED OR RELATED POLICIES
Copyright Policy
RELEVANT DOCUMENTS AND LINKS
HISTORY
APPROVAL DATE:
EFFECTIVE DATE:
LAST UPDATED:

HISTORICAL DETAIL NOTES:

This policy previously was an International Management Directives from the State Board of Higher Education.



SOURCE:    Previously Referred to as: OUS IMD 6.215
FOR POLICY WEBSITE INPUT (public audience keyword search)
copyright privileges, inventions, ownership rights