||All employees of the University and graduate students receiving financial and/or facilities
support from the University are subject to the provisions of this policy. The intellectual
property of inventions, discoveries, and the production of copyrightable materials
is described herein. It is the intent of this policy to provide protection for both
the individual and the University by recognizing the talents and efforts of the individual
and the environment and facilities/resources of the University.
Interest in Inventions, Discoveries, and
|The University shall have an interest in any invention, discovery, or copyrightable
materials resulting from any one of the following factors:
If no University interest is determined as outlined in numbered paragraphs 1, 2, and
3 of this section, the inventions or discoveries and copyrightable material in the
form of books, textbooks, manuals, musical or dramatic compositions, architectural
designs, paintings, sculptures, monographs, literary works, computer programs, or
other works of comparable type developed by institutional members in conjunction with
or aside from their University employment are the property of the individual. To
protect their interests, prudent individuals are advised that they should be prepared
to prove that their inventions, discoveries, or copyrightable materials were not sponsored
by or through the University's facilities, services or equipment.
- University sponsorship of the project leading to the discovery or development of materials.
The President, or designee, will inform in writing any affected APSU employees of
such assignments prior to their inception.
- Significant use of the University's facilities, services, or equipment, with the exception
of libraries. Significant use of the University's facilities, services, or equipment
shall be defined to include a cost to the University in the amount of $1,000 or more
(in constant 2017 dollars). In determining the cost to the University customary, ordinary,
and necessary expenses relative to the University member's assignment (office and/or
laboratory space, utilities, secretarial services, incidental use of equipment, etc.)
and any portion of the University member's salary will be excluded.
- Sponsorship of the project through the University by agencies or persons outside the
University. The President, or designee, will review all agreements and contracts to
determine the University's and the individual University member's interests in inventions,
discoveries, and copyrightable materials and inform affected APSU employees, in writing,
of the findings. Affected individuals should endeavor to have an accurate understanding
of their interests resulting from their participation in sponsored projects.
|Applications for the
Titles of Patents and
|The President, or designee, may seek and hold patents and copyrights in the name of
the University, assign its rights, and execute royalty-sharing agreements. The University's
share of income accruing from patents and copyrights (net of costs incurred for obtaining,
licensing, or administering the patents and copyrights) shall be deposited in a designated
account. Funds in this account are to be used solely for the enhancement of research
and instructional programs.
||Prior to seeking patents, copyrights, or commercial exploitation, APSU employees shall
disclose to the President, or designee, all inventions, discoveries, and copyrightable
materials, which are derived from work supported by or through the University, or
which involved a significant use of the University's resources. Graduate assistants
are responsible for disclosure if inventions, discoveries, and copyrightable materials
directly result from classwork or programs of study, or if significant University
resources were utilized.
on Patents and
|A committee of faculty and staff experienced in research, innovation, and the production
of copyrighted materials shall be established at the University. The committee shall
consist of at least five members, three of whom shall be selected from the faculty
in a manner to be determined by the Faculty Senate President.
Responsibilities and general process guidelines for the Advisory Committee are as
- The Committee shall advise the President, or designee, in all matters relating to
- The Committee shall conduct such investigation, as may be necessary, to assess the
rights and responsibilities of all parties, in a timely manner.
- The Committee will receive from the President, or designee, referral of any disclosure
made by APSU employees concerning inventions, discoveries, and copyrightable materials
as described in the Disclosure section of this policy.
- The Committee shall seek to determine the extent to which the invention, discovery,
or copyrightable materials resulted from University or other sponsorship, or involved
a significant use of the University's resources. The Committee may advise the President,
or designee, as follows:
- If the Committee establishes that no University or external sponsorship or no significant
use of institutional resources were involved, it shall advise the University to waive
- If the Committee establishes that University sponsorship, external sponsorship, or
significant use of the University's resources were involved, it shall so advise the
President, or designee.
- If the Committee establishes that external sponsorship was involved, it shall determine
the terms of the sponsorship agreement as it relates to patents and copyrights and
advise the President, or designee, and those providing disclosure of such terms. Where
the terms of the external sponsorship do not provide for the disposition of patents
and copyrights, the University policies shall be followed.
- In cases where the University requires the assignment of patents and copyrights to
it, or when the University assigns its rights to the person disclosing discoveries
or copyrightable materials, and when University sponsorship or significant use of
the University's resources were involved, the Intellectual Property and Commercialization
Committee shall recommend to the President, or designee, a royalty-sharing arrangement.
The recommended agreement should take into account contributions by the individual(s)
and the University.
- A copy of the Committee's recommendations to the President, or designee, will be made
available to all affected APSU employees in a timely manner as to not jeopardize the
interests of all parties; this spirit of this statement is to protect potential revenues
and not to hinder transparency or allow for malpractice.
|Roles of the President
Relative to Patents
|The President, or designee, will receive disclosure from APSU employees concerning
inventions, discoveries, and copyrightable materials as described in the Disclosure
section of this policy. Following disclosure, the below process is applicable:
- The President, or designee, shall refer the disclosure to the Intellectual Property
and Commercialization Committee within five (5) working days and request its study
- The Committee shall, in due diligence, endeavor to make a recommendation in ten (10)
working days to the President, or designee.
- On receiving recommendations from the Advisory Committee, the President, or designee,
shall inform the Committee and the employed individual(s) who has interest in the
patent or copyright as follows:
- If the Committee recommends that the University waive all claims, the President, or
designee, will indicate within fifteen (15) working days whether the University waives
- If the Committee advises the President, or designee, that University sponsorship,
external sponsorship, or significant use of the University's resources were involved,
the President, or designee, will indicate within fifteen (15) working days whether
the University intends to hold and pursue its rights.
- If the Committee advises the President, or designee, of a royalty-sharing arrangement,
the President, or designee, will indicate within fifteen (15) working days whether
the University accepts the recommended arrangement. In evaluating inventions, discoveries,
and copyrightable materials, filing patents and copyrights applications, and licensing
and administration of patents and copyrights, the University may obtain outside services
from independent patents and copyrights assistance organizations. Should an outside
service be used to evaluate the merits of a royalty-sharing arrangement, then the
Committee and the impacted individual(s) will be notified within fifteen (15) working
days and they shall be party to the recommendations of the 3rd party. The intent of this paragraph is to give guidance and transparency when using
an outside source of expertise.
- In considering a royalty-sharing agreement, the President, or designee, will take
into account contributions by the individual and by the University. The shares of
the parties are to be based on the relative contributions of the parties to the invention,
discovery, or copyrightable materials developed. The royalties shall be shared, net
of the costs of obtaining, licensing, and administering the patents and copyrights,
and the agreement shall be approved by the President, or designee.
- If the content of materials developed by an APSU employee, and for which, the University
holds a copyright, is changed during the period of the original copyright, the authors
shall have the options of being credited, or not credited, for the materials retained.
Such action shall not abrogate any royalty-sharing agreement.
- Nothing in this policy shall preclude agreed upon contractual arrangements between
the University and an APSU employee(s) wherein either party may agree to waive rights
to patents, discoveries, or copyrightable items.
- All APSU employees shall cooperate with the University in obtaining patents and copyrights,
including the execution of all necessary.
||No decision by the President relative to this policy will be considered final for
a period of thirty (30) days. Any affected APSU employee may initiate an appeal of
a pending decision during that time by informing the President of that intention in
writing. A hearing date will be set by the President within twenty-one (21) days of
the receipt of the appellant's notice of intent. Both the President and the appellant
will be permitted to have counsel and present witnesses. The President will inform
the appellant of the final decision within fourteen (14) days after hearing the appeal.
A final decision by the President may be appealed to the APSU Board of Trustees.