4.4.2 Intellectual Property
(This University policy was adopted by the Board of Visitors on September 19, 1987.)
4.4.2.1 Applicability of the Intellectual Property Policy The policy applies to all University employees, whether their appointments are permanent or temporary, full-time or part-time, salaried, on wages or on contract, paid by state funds or by outside sponsors. It also applies to students of the University enrolled in programs of study leading to degrees and to visitors who may from time to time participate in University programs or activities.
4.4.2.2 General Statement on Ownership of Intellectual Property Intellectual property is understood to be any property to which the owner holds a patent or a copyright, or which may be considered to be patentable or copyrightable. In general, University employees, students, and visitors shall retain all rights relating to intellectual property developed on their own initiative without substantial use of University facilities and resources. This provision includes copyrighting of papers published in journals, articles written for popular publication, books (including textbooks), computer software, film, photographs, and videotape, unless the copyrighted materials were developed as a specific part of a University assignment. It also includes patenting of inventions, unless the patentable invention was developed as a specific part of a University assignment.
4.4.2.3 Cases in Which the University Obtains Entire Right, Title, and Interest The University shall obtain the entire right, title and interest in all materials subject to copyright or patent when the materials result from an assigned duty of an employee, student, or visitor, or when the University provides substantial specific support for the development of the materials in the form of space, facilities, and/or equipment and supplies. The University will not construe the provision of the usual office, library, laboratory, computing facilities, equipment and supplies that are part of its regular instructional program as constituting substantial specific support except for those situations where the copyrightable or patentable material was developed in response to a specific University assignment. A faculty member’s general obligation to maintain a level of professional activity as a scholar does not constitute such a specific University assignment.
4.4.2.4 Intellectual Property in Instances of Outside Consulting and/or Contractual Work Materials or inventions developed by University employees, students, or visitors in the course of contractual or consulting work for outside organizations, or as supported by funds and facilities awarded as grants to the University by governmental, commercial, industrial or other organizations, shall not be considered as having been made or developed with specific University support, except in situations where the University itself is party to the contract or consulting agreement and declares proprietary interest, or the University’s proprietary interest is defined and made a specific part of the conditions of the grant. Accordingly, the rights to such materials or inventions shall remain with the individual, subject to any agreement there may be in the actual contract, consulting agreement, or grant.4.4.2.5 Policy Administration Administrative responsibility of this Policy on Intellectual Property is vested in the Dean.
4.4.2.6 Procedures for Notification All intellectual property in which the University may claim interest under this policy shall be promptly reported in writing by its creator(s) to the Dean. If more than one individual participated in the development, the report shall be signed by all such participants and shall identify the percent of interest of each. The report shall constitute a full and complete description of the intellectual property concerned, and identify the source(s) of any funding that has supported its creation. The participants shall furnish such additional information and execute such documents from time to time as the Dean may reasonably request. Following receipt of any report of the creation of intellectual property, the Dean, after consulting with other University officials as appropriate, shall promptly advise the creator(s), in writing, whether or not the University claims a proprietary interest.
4.4.2.7 University Ownership of Intellectual Property The University shall, in a timely manner, obtain (and market), or arrange for some appropriate outside agency such as the Center for Innovative Technology or the Research Corporation to obtain (and market), the copyright or patent to intellectual property in which the University claims a proprietary interest. The University will not, prior to obtaining a patent, disclose the details of an invention to anyone who does not need to know those details, or to anyone who is not under an obligation of confidentiality. The University will have all rights to use, promote, manage, market, sell or in any other way dispose of such intellectual property, on such terms and conditions, and for such consideration, if any, as the University shall determine. The University and the creator(s) shall share equally in any (gross) royalties, except in instances where some other allocation of interest shares is specified in a pre-existing agreement. The University will contribute its share of any royalties from intellectual property it owns to the University of Mary Washington Foundation, to be used by the Foundation as its Board of Directors may determine. If the creation of an intellectual property was supported by money from the General Fund earmarked for the purpose by the General Assembly or the University, royalties from that property will be used to reimburse the Commonwealth for the cost of creation. If the University fails to make progress toward obtaining a copyright or patent (and marketing such) in which the creator(s) have a share within a period of eighteen (18) months after the submission of the report described above, the creator(s) may formally make a written request to the President that the ownership of the intellectual property pass to the creator(s).
4.4.2.8 Dispute Resolution Any dispute which may arise over anything within this Policy on Intellectual Property should be presented to the President, who, in resolving the dispute, may convene a committee of three individuals to advise him or her. The committee will consist of one employee of the University named by the creator(s) of the intellectual property in question, a second employee of the University named by the Dean, and a third named by the President. Both this committee and the President will be advised as well by the University’s assigned representative of the Office of the Attorney General.