The University has the right to claim ownership (rights, title and interest) to inventions and related copyrighted materials made solely or jointly by its non-faculty employees and other covered individuals, as a result of research or investigation conducted by these personnel, which has made ANY use of University resources/support/facilities. Such inventions and related copyrights are to be assigned to the University pursuant to a revenue sharing plan for the inventor(s) that is mutually agreeable.
All inventions developed as part of, or a continuation of, federally funded research will be owned by the University, in accordance with the Bayh-Dole Act. Ownership of a patent by the University does not infringe upon the employee’s standing as Inventor, as further discussed herein.
The University may contract for sponsored research or investigation with an external sponsor which uses University resources/support/facilities and/or employees’ services in which the ownership of any invention, patent or related copyrightable materials resulting from this work is established in the research grant/agreement/contract and varies from the above terms. In this event, the University Authorized Official or designee will notify all employees performing sponsored research of the specific agreement terms.
An invention made by an individual wholly on such individual’s own time, and without the use of University facilities, shall belong to the individual even though it falls within the field of competence relating to the individual’s university position. For purposes of this provision, an individual’s “own time” shall mean time other than that devoted to normal and assigned functions in teaching, university service, direction and conduct of research on university premises and utilizing university facilities. The term “University facilities” shall mean any facility available to the Inventor as a direct result of the inventor’s affiliation with the PASSHE University, or any facility available under the University’s policies on co-operative use of research equipment, or policy on use of facilities by emerging technology enterprises, and which would not otherwise be available to a non-PASSHE affiliated individual. However, inventions created on one’s “own time” without use of “University resources” does not include inventions that are based upon or derived from Intellectual Property that the University owns or to which it has a potential ownership claim.
In situations of sole individual ownership, University personnel may voluntarily transfer ownership of any patentable process, device, invention and related copyrightable materials to the University as an avenue to protect, license and commercialize the work. In the case of voluntary transfer, the University personnel and the University shall reach mutual agreement on sharing recovered royalties. There is no obligation on the part of the University to accept transfer of ownership of any process, device, invention, or related copyrightable materials created by University personnel.