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policy of Birmingham-Southern that Intellectual Property shall be the
property of the author or creator. The College may assert ownership rights
to Intellectual Property developed under circumstances set forth further
below.
(2)
Patentable Intellectual Property
Responsibility for Disclosure of Patentable Intellectual Property: The
College personnel who alone or in association with other entities create or
intend to create patentable subject matter with non-routine or
extraordinary use of College resources must disclose the matter and
obtain prior authorization from the Office of the Provost (or designee).
Such disclosure shall be made when it can be reasonably concluded that a
patentable subject matter has or will be created, and sufficiently in
advance of any publications, presentation, or other public disclosure to
allow time for possible action that protects rights to the intellectual
property for the creator and the College. Creators are encouraged to seek
the advice of the Provost (or designee) in determining whether the subject
matter is patentable or whether the College desires to pursue patenting the
matter.
Determination of Rights to Patentable Subject Matter: Except as set forth
below, the creator of patentable intellectual property shall retain his/her
rights, and the College shall not assert ownership rights. However,
creators will grant perpetual permission to the College for cost-free use of
Intellectual Property that is developed for the College courses or
curriculum, so that the College’s continued use of such material for
educational purposes at Birmingham-Southern would not be jeopardized.
The College will have and may assert ownership rights to patentable
intellectual property developed under any of the following circumstances:
Development was funded by an externally sponsored research
program under an agreement which allocates rights to the College.
Development involved a substantial contribution from the College
or required significant, non-routine use of the College resources
(e.g. facilities, equipment, funding) or more than routine use of the
College personnel. Extensive participation of students directly in
the development, or indirectly through use and feedback that
substantively influences development, constitutes significant use of
the College resources, unless the participation is routine or normal
in the education and instruction of our students. For purposes of
this policy, “substantial contribution” refers to the extensive and
unreimbursed use of College space and resources that are not
ordinarily used in this manner in the College’s educational or
instructional endeavors.