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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 or 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.
●
Material was developed by administrators or other non-faculty employees
in the course of employment duties and constitutes work for hire under US
law.