At Discovery

University faculty will immediately notify the University Authorized Official of any inventions:

·         Developed with any level of University resources/support/facilities (personnel, funds, or equipment).

·         Related to, based upon or derived from Intellectual Property currently owned by the University or to which the University has a potential claim.

·         Subject to federal grants, contracts or sponsorship agreements.

·         Subject to a non-federal grant, contract or other agreement.

Faculty members shall disclose the development of inventions not subject to external agreements for the purpose of determining substantial use and ownership.

In order to properly disclose an invention, faculty must complete a Technology Disclosure. The Technology Disclosure defines the nature of, and provides the basis for a legal claim to the invention in question. In every case, the invention process must be documented in lab notes, work logs, and other appropriate documentation attached to the Technology Disclosure. This documentation will chronicle the contributions of each Inventor. The University Authorized Official distributes the disclosure to the University’s CAO, University Legal Counsel, and the “PASSHE TTO.” The PASSHE TTO is a system-wide, central clearing-house for patent management; it engages the services of Technology Licensing Officers (TLO) and outside legal counsel to support University patent activity.

The Technology Disclosure is a critical document. It initiates the process of legally protecting the discovery or invention. Without the disclosure, the inventor’s rights are at risk.

If not subject to external funding or sponsorship requirements, the Technology Disclosure is reviewed and evaluated at the University level for “Substantial Use” support provided by the University[1] Technology Disclosures subject to external funding or sponsorship requirements are reviewed and evaluated for any restrictions imposed by sponsor requirements. The University Authorized Official shall accept or delegate responsibility for this evaluation and may create a campus committee to do so. This evaluation will determine that the invention falls into one of four classes:

 

·         External Sponsored Work

·         Substantial Use of Funds or Facilities

·         Without Substantial Use of Funds or Facilities



[1] APSCUF CBA 2007-2011 Art. 39.C.4.