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Patents and Trademarks: University Research & Technology Transfer

The Ryan-Matura Library is a United States Patent and Trademark Resource Center (PTRC) of the U.S. Patent and Trademark Office.

Selected IP Provisions of SHU Faculty Handbook

N.B. University research activities involve complex issues of intellectual property rights, contractual obligations, and ethics. Researchers are strongly advised to consult with their academic department and relevant university administrators regarding these issues and policies on a regular basis and particularly prior to commencing a research project. The following provisions are from the SHU Faculty Handbook (approved Feb. 2013).

3.7.3 Intellectual Property Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, the right to privacy, and the right to determine the form, manner, and terms of publication and distribution. The tradition is that institutions of higher education are established for the common good and not to further the interest of either the individual faculty member of the institution as a whole. The common good depends upon the free search for truth and its free exposition. Within the spirit of this tradition, except in limited situations, or as expressly agreed by the University, the creator of copyrightable or patentable intellectual property shall retain their rights, and the university shall not assert ownership rights. However, creators do grant nonexclusive, royalty-free, perpetual licenses to the University for copyrightable or patentable material that is developed for university courses or curriculum, so that the university’s continued use of such material Page 19 12.10.2010 for educational purposes or the advancement of the University mission is maintained. The university will have ownership rights to copyrightable or patentable intellectual property developed under the following circumstances: 1. Development was funded by an externally sponsored research program which allocates rights to the University or by any other agreement which allocates rights to the university. 2. The university has negotiated an understanding or formal contract with the creator . 3. Material was developed by administrators not holding faculty rank or other non-faculty employees in the course of employment duties and constitutes work for hire under US law. 4. The material was developed with extraordinary or substantially more use of university resources than would normally be provided for the creator’s employment duties. Substantial use includes projects undertaken by the faculty member with the benefit of extraordinary funds, facilities, or opportunities which the faculty member would not ordinarily be entitled to have for any chosen project. Ordinarily available resources include office space, studio space, laboratory space and personal office equipment, office computer workstations, library and other information resources, and the means of network access to such resources, including information available on University servers and the Internet, funding, available audio and video resources, and support staff including Administrative Assistants, departmental secretaries, work study students, undergraduate and graduate research students. Except as provided above, the following classes of intellectual property are excluded with regard to disclosure, ownership, transfer, and licensing and title shall remain with or be assigned to the creator. These materials include the following: academic or scholarly activity, including books, articles, works of fiction and nonfiction, poems and dramatic works, musical and choreographic works, pictorial, graphic, or sculptural work, computer software, whether in print, video, or electronic format.

. . .

3.10.2.1 Encouragement of Scholarly Activities Sacred Heart University recognizes that every research investigation does not necessarily result in publishable material. The results of scholarly research can be shared with the academic community not only in writing and publication, but also by oral presentation to professional groups both on or off campus. Nevertheless, publication, whenever appropriate and possible, is encouraged and recognized. Faculty engaged in research and writing should protect their work.

. . .

3.10.5 Outside Grants Faculty members are encouraged to seek research and study grants from agencies and foundations outside the University. The Administration will endeavor to assist applicants through the appropriate grants support person in securing partial or full support in the form of private or public grants. The University may choose to provide funding and fringe benefits from University sources with the approval of the President in consultation with the Provost and Vice President of Academic Affairs. 3.10.6 Consulting Work Outside the University The University recognizes that consulting work in some fields may be a valuable professional experience for faculty members. Consulting work must not interfere with the faculty member's contractual arrangements with the University.

Library Resouces

KOTHA, REDDI, PHILLIP H. KIM, and OLIVER ALEXY. "TURN YOUR SCIENCE INTO A BUSINESS." Harvard Business Review, 92, no. 11 (November 2014): 106-114. Business Source Premier; EBSCOhost. (accessed May 11, 2015).

Technology Transfer Websites & Blogs

Many universities maintain websites with technology transfer information specific to their institution. Google search the name of the university and technology transfer to link to some examples.

Association of University Technology Managers

"Improving University Technology Transfer and Commercialization" (Brookings Institute), by Darrell M. West. Issues in Technology Innovation, December 2012.

Statement on Intellectual Property (American Association of University Professors)

Defending the Freedom to Innovate: Faculty Intellectual Property Rights after Stanford v. Roche  (American Association of University Professors)

WIPO University Initiative

Technology Transfer and Commercialization (The Innovation Policy Platform)