Summary: This policy pertains to patents that may result from work conducted under sponsored agreements, and also to work conducted with substantive use of College resources beyond the usual provision of office space and a desktop computer. Included in this policy are a statement on copyrights, and a statement on royalty-sharing.

From time to time, Ithaca College faculty or staff may use resources derived from Ithaca College or from external sponsors' funding through Ithaca College to discover or invent substances or methods that have potential commercial value. This policy sets the rules for those instances where the invention should have the protection of a patent. If the discovery falls within the scope of the faculty member's laboratory research, teaching, or other College related duties, or if the faculty member wishes to assign a patent developed outside of the scope of his or her professional duties to the College, then the following policy on patent rights shall apply. The aims of this policy are, first, to encourage appropriate faculty and staff entrepreneurship; and second, to protect the College's financial interest and reputation. In approaching the commercial use of intellectual property it should be recognized by all full-time faculty and staff that their principal allegiance is to the institution.

Patents

1. An employee of the College shall promptly report to the Director of Academic Funding any discovery, invention, possible invention, or potentially useful biological or chemical material that the individual has made in pursuit of professional or staff activities, and which he or she has reason to believe might be useful, patentable, or otherwise protectable. This is to be done regardless of whether College funds, or funds from an external source, provided the immediate support for the work from which the invention resulted. This notification should be done before publication or detailed announcement in order to allow external expert appraisal and documentation. Instructions for the proper method of reporting should be requested from the Office of Academic Funding.

The Director shall determine whether or not to submit a patent disclosure for evaluation by an outside agent selected by the College and under the terms of a general agreement between such an agent and the College. The individual is expected to cooperate in every way necessary (but at no expense to the individual) with the College and the outside agent, including the assigning of any patent rights the individual may have, in order to permit the College and the outside agent to evaluate the discovery or invention and to pursue the appropriate steps to obtain a patent. Royalties or other income resulting from the discovery or invention shall be shared among the inventor, the College, and the outside agent. The Royalty-Sharing Policy shall set forth the distribution of income to be implemented after the College shall have complied with the terms of its agreement with the outside agent. The College's arrangement with the outside agent for handling patents shall reflect the importance of serving the public interest in patent matters.

2. If after a reasonable time for evaluation, the College fails to pursue a patent, or if the College positively elects not to pursue a patent, then the individual may elect to pursue the patenting and commercial introduction of a potential invention without assistance from the College. In this event, the Director must be so notified in writing and the plans for doing so briefly described; the Director shall notify the individual as to the College's intent with regard to the discovery or invention, including, if appropriate, the assignment of rights to the individual. An individual who obtains a patent, under the terms of this paragraph, without assistance from the College shall be entitled to all royalties and other income resulting therefrom. It is expected that in pursuing patents, individuals will make arrangements that best serve the public interest, and the Director will be available to advise individuals on this question.

3. Notwithstanding paragraphs 1 and 2, whenever research or a related activity is subject to an agreement between an external sponsor and the College that contains restrictions as to the disposition of discoveries or inventions, any discoveries or inventions shall be handled in accordance with such agreement. All participants in externally sponsored research accept the conditions in the agreement between the College and the sponsor in agreeing to participate in the sponsored research. In negotiating with sponsors, the Director of Academic Funding and other representatives of the College should strive to obtain the greatest obtainable latitude and rights for the individual inventor and the College consistent with the public interest and this policy.

General Provisions (applicable to both patents, and copyrights; see "copyrights")

1. In some situations, because of substantial College involvement, it may be appropriate to vary in favor of the College by explicit agreement between the College and an inventor or author (and an outside sponsor, if one is involved), the foregoing provisions concerning rights to obtain a patent or the rights to royalties or other income, or both. At the request of either the Director or the inventor or author, the College may, with the President's approval, develop an agreement that supersedes the general policy.

2. In the case of sponsored works, the agreement with the sponsor shall provide either that the sponsor reimburse the College for its reasonable expenses and/or that the College shall have the right to recover its reasonable expenses, including charges for special equipment used, and the cost of obtaining patent protection, out of royalty income, unless the College, in exceptional cases and in advance, agrees to waive a portion or all of such expenses for reasons of public policy, e.g. in the case of educational materials for disadvantaged children.

Royalty Sharing

The accumulated net income (gross royalties, license fees and/or lump-sum payments minus administrative, licensing, legal, and other related expenses incurred by the College) resulting from an invention to which the College has taken title will be divided as follows

The departmental share may be used for operating, research, or student support as the department chooses, with the President's approval.

1. The inventors' share will normally be shared equally among all inventors unless they agree otherwise.

2. Inventors may arrange for their personal share to be retained by the College (e.g. to support their research).

3. The inventors' share will continue even if the inventors have left Ithaca College.

Copyrights

Ithaca College encourages the pursuit of artistic and intellectual eminence by its faculty members, and will strive to interpret this policy so as to assist members in enhancing the overall reputation of the faculty.

1. Except as qualified below, a member of the College is entitled to ownership of copyright and royalties or other income derived from works, including books, films, cassettes, software, works of art, and other materials that are personal intellectual or artistic products. It is expected that when entering into agreements for the publication and distribution of copyrighted materials individuals will make arrangements that best serve the public interest.

2. Notwithstanding paragraph 1, immediately above, whenever research or a related activity is subject to an agreement between a sponsor and the College that contains restrictions concerning copyright or the use of copyrighted materials, all materials shall be handled in accordance with such agreement. In negotiating with sponsors, project directors and the College should strive to protect and advance the public interest as well as to obtain the greatest latitude and rights for the individual author and the College consistent with the public interest and this policy.

3. Notwithstanding paragraph 1, immediately above, whenever copyrightable work is created by a member of the non-teaching staff as part of the individual's College responsibilities, the work shall be treated as a work-for-hire under the terms of the Copyright Act of 1976, and the ownership will ordinarily be retained by the College.

4. Where a copyrightable work is designed and produced as a class project, or is substantially designed by a student or students under a professor's supervision, the College may elect either to take copyright or to require a share of net royalties from the professor's copyright. The patent royalty table should be used as a guide. (It is recognized that many creative disciplines at Ithaca are taught through apprenticeship. This section is not to be construed to deny the member's copyright where a film, video, musical recording, painting, etc. is essentially the personal intellectual product of the professor, produced with student assistance for the students' educational benefit.)

5. In instances where a professor's copyrightable work is supported by an unusual contribution of College resources, such as an internal grant or a large expenditure of educational supplies, a share of royalties or reimbursement of costs from project income may be required. The chair, dean, or provost authorizing such unusual expenditures should make this condition clear in writing at the time of authorization.

Maintained by Denise Vanderburgh (dvanderburgh@ithaca.edu)
Office of Academic Funding and Sponsored Programs

Last updated 1 May 2007