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Business and Operating Policies and Procedures
Policy: 4.3 Intellectual Property
Adoption Date: August 16, 2004 Revised
INTELLECTUAL PROPERTY POLICY
Employees of Howard College are encouraged to publish, copyright, invent, and/or patent materials and objects of their own creation which will contribute to the advancement of knowledge. The college encourages and protects this interest and its personnel in relation to disclosure of scientific and technological developments including inventions, discoveries, trade secrets, computer software, and original works and ideas which may have monetary value. It is also the responsibility of the college to ensure that public funds and property are not used for personal gain. The author, creator, or inventor is free to benefit from royalties and monies accruing from such publication or invention, subject to the following guidelines:
A. All classes of intellectual property, scientific, and technological developments, materials, or objects, including inventions, discoveries, trade secrets, computer software, and original works and ideas, created on the employee’s own time, and without the use of college facilities, equipment, materials, or support shall be the sole property of the creator.
B. All classes of intellectual property, scientific, and technological developments, materials, or objects, including inventions, discoveries, trade secrets, computer software, and original works and ideas, created by employees at college expense or on college time or by using college facilities or equipment shall be the property of the college. The college, in return for unrestricted license to use and reproduce original work without royalty payment, shall transfer to the creator of that work full ownership of any present or subsequent copyright/patent in accordance with that which follows.
C. In the event that intellectual property, scientific, and technological developments, materials, or objects, including inventions, discoveries, trade secrets, computer software, and original works and ideas, are sold to entities outside the college, all income will go to the college for that project, including stipends paid to the developer (over and above contract salary), prorated support staff salaries, supplies and other expenses related to the intellectual property, scientific, and technological developments, materials, or objects, including inventions, discoveries, trade secrets, computer software, and original works and ideas.
D. The college will ensure equity and management participation on the part of the inventor or inventors in business entities that utilize technology created at the institution.
E. No college employee shall realize a profit from intellectual property, scientific, and technological developments, materials, or objects, including inventions, discoveries, trade secrets, computer software, and original works and ideas sold exclusively to Howard College students.
F. When instructional material developed by faculty is sold in the college bookstore for profit, the publisher of the materials must be approved by the instructional administrator.
Any college employee who intends to create any intellectual property, scientific, and technological developments, materials, or objects, including inventions, discoveries, trade secrets, computer software, and original works and ideas developed wholly or partially using college time, equipment, materials, facilities, and/or personnel who intends to copyright, patent, or otherwise merchandise those intellectual property, scientific, and technological developments, materials, or objects, including inventions, discoveries, trade secrets, computer software, and original works and ideas will inform the president of the college of his/her intent through the instructional administrator. The president will have final approval. At that time the college will initiate a review of scientific and technological disclosures, including consideration of ownership and appropriate legal protection.
It is the responsibility of the party(ies) having ownership of the intellectual property, scientific and technological developments, materials, or objects, including inventions, discoveries, trade secrets, computer software, and original works and ideas, to secure any licenses, copyrights, or patents. These licenses, copyrights, or patents are secured at the expense of the party(ies) having ownership.
Personnel of college units whose function is to produce educational materials may not realize a profit from the sale of those materials. In the case of any materials produced exclusively by these units, copyright will be held by Howard College. Materials produced under an externally funded grant will be guided by the terms of the grant.
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