06:14:00 Intellectual Property

Purpose

To establish guidelines for the protection and equitable sharing of interests in intellectual property.

Policy

I. Scope

The provisions of TBR Policy 05:01:06:00 apply as if copied at length herein. The policy describes the rights and authority of both Walters State and the persons to whom this policy applies. The policy:
 

• Provides definitions pertinent to the interpretation of the policy;
• Establishes the applicability of the policy;
• Explains how ownership of intellectual property should be determined and how income can be allocated;
• Outlines the administrative responsibilities of inventors and authors, the Intellectual Property Advisory Committee, the TBR Office of General Council, and the president, and
• Describes the appeals process available to the author or inventor.

II. Intellectual Property Committee

The Intellectual Property Advisory Committee is a standing committee described in the handbook of College Advisory Councils and Committees. The purpose of the committee is to advise the president on matters relating to intellectual property and fulfill the duties described in TBR Policy 05:01:06:00. The committee evaluates the ownership, patentability, and/or commercial potential of inventions or works that fall under the purview of this policy.

To perform this evaluation, the committee may:

    A. Conduct interviews with the Inventor or Author and other persons as needed to make this evaluation.

    B.  Conduct a thorough evaluation of acts by the Inventor or items of prior art which would bar patent protection in conjunction with a patentability evaluation.

The committee shall provide the president with its recommendations regarding (1) ownership of the property; (2) whether patent protection should be sought; and (3) whether to seek commercialization opportunities.

The committee may conduct investigations as it deems necessary to prepare such recommendations for the president, and may also generally advise the president in all matters relating to this policy.

To initiate a review of intellectual property, complete the TBR Invention Disclosure Form or the Copyrightable Work Disclosure Form and forward the form to the Office of the President.

The president is responsible for decisions regarding ownership of the intellectual property and for the decision of whether to pursue patent protection or commercialization of the Invention or Work. The president’s decisions are to be based on the recommendations of the Intellectual Property Advisory Committee, as well as additional counsel the President may choose to seek from other sources.

III. Income from Intellectual Property

Income distribution between the college and the Inventors or Authors shall be determined on a case-by-case basis. In no case shall the Inventor’s or Author’s share be less than 40 percent of the annual net income from the intellectual property. 10/13; 05/16