UI FACULTY-STAFF HANDBOOK

CHAPTER FIVE: 5400

RESEARCH POLICIES

July 2004

_____________________________________________________________________________________________

  5400

 

EMPLOYMENT AGREEMENT CONCERNING PATENTS AND COPYRIGHTS

 

PREAMBLE: UI uses the following form of employment agreement concerning patents and copyrights. This section was added to the Handbook in June of 1988 and revised in July of 1992 and given a temporary revision in April 2003. For further information, contact the Technology Transfer Office (208-885-4630 or the Office of the Faculty Secretary (208-885-6151).

 

SPECIAL NOTICE: The April 2003 revision is only temporary and allows the patent and copyright practices to continue under revised guidelines until the final language is drafted by an ad hoc committee that was formed in April 2003. If that revision has not been approved by the faculty by May 2004 this policy will revert back to its 1992 revision. A one year extension was approved by the faculty at the April 27, 2004, faculty meeting. [ed. 7-04]

 

ADDITIONAL NOTICE: The UI uses the Memorandum of Understanding form of agreement concerning patents and copyrights with non-employee students and visitors participating in university research activities. This allows the non-employee student to participate in the university’s patent/copyright income distribution program (FSH 5300) while protecting the interests of the faculty, staff, student, and university. This section was added to the Handbook in May 2003. For further information, contact the Research Office (208-885-6651).

 

 

As an employee of the University of Idaho (University), I acknowledge that I am subject to the policies and rules of the Regents of the University of Idaho (Regents) published at the Idaho State Board of Education’s website http://www.sde.state.id.us/osbe/ policy.htm and to the policies and procedures of the University as published in the University Faculty-Staff Handbook, the University Administrative Procedures Manual and on the University’s web site.

 

Pursuant to those policies, I hereby agree to the following:

 

A.    With regard to inventions:

 

A-1. I will disclose to the University all potentially patentable inventions conceived or first reduced to practice in whole or in part in the course of my University responsibilities. If in doubt about the patentability of an invention, I will confer with the University's research office.

 

A-2. I also will disclose all potentially patentable inventions conceived or first reduced to practice in whole or in part through the use of University resources when that use is more than incidental (FSH 5300). Again, if in doubt as to what is incidental use I will confer with the University's research office.

 

A-3. I further agree to collaborate with the University in the assignment, as required by the policies of the Regents and the University, of all my right, title and interest in such patentable inventions.

 

A-4. I also will provide completed documents and fully participate in actions that allow the University to promptly complete such assignment.

 

B. I acknowledge that Regents University policy states that all rights in copyright shall remain with me as the creator unless the work:

 

B-1. is a work-for-hire (and copyright therefore vests in the University under copyright law),

 

B-2. is supported by a direct allocation of funds through the University for the pursuit of a specific project,

 

B-3. is commissioned by the University, or

 

B-4. is otherwise subject to contractual obligations.

 

I will collaborate with the University of Idaho to promptly assign or confirm in writing all my right, title and interest, including associated copyright, in and to copyrightable materials falling under a) through d) above.

 

C. I agree to obtain from all students wishing to participate in my University research programs, and who are not employees of the University, a signed copy of the “Memorandum of Understanding Regarding Research Participation and the University Patent Rights and Copyright” available from the Technology Transfer Office. I will provide the Technology Transfer Office with a copy of the signed MOU.

 

D. I certify that I am under no consulting or other obligation to any third person, organization or corporation that is, or could be reasonably construed to be, in conflict with this agreement with respect to rights to inventions or copyrightable materials.

 

E. I will not enter into any agreement creating copyright or patent obligations in conflict with this agreement.

 

___________________________________                            ________________________________________

Signature                                                                      Title

 

_______________________________________                     ___________________________________________

Printed Name                                                                                        Date

 

Memorandum of Understanding Regarding Research Participation And

University Patent Rights and Copyrights

 

This memorandum of understanding is entered into by _____________________, a student at University of Idaho (“participant”), _______________________, a professor/researcher at University of Idaho (“faculty”), and the Regents of the University of Idaho (“university”).

 

The participant is involved in research activities or enrolled in ____________________, which may involve working on research or design projects. These activities or projects may or may not result in the development of patentable subject matter and/or copyrightable work products in which the university and/or a sponsor may have a proprietary interest.

 

Therefore, it is important that the participant, faculty, and the university have a full understanding of the participant’s rights and obligations regarding these proprietary interests, copyright, and patent rights. This memorandum sets forth the understanding of the parties.

 

a. The participant acknowledges receipt of copies of the relevant patent/copyright policies of the Regents of the University of Idaho and the University of Idaho.

 

b. The participant agrees to promptly disclose any discoveries he/she makes that may be patentable/ copyrightable to the Technology Transfer Office.

 

c. The participant has the right to submit any thesis, dissertation, or other academic product based upon or resulting from his/her work as part of the fulfillment of the requirements for obtaining an undergraduate, master’s, or doctoral degree from the university or collaboration with the university.

 

d. In exchange for the opportunity to participate in these projects and the right to receive royalties, the participant agrees to assign his/her right, title, and interest in any research or other project outcome, including copyright or patent rights, derived from the participant’s work in this class or research activities to the university. This assignment vests rights in the university as provided for in the university’s copyright and patent policies attached hereto and is subject to the participant’s right to share in royalties in the same manner as employees of the university.

 

Participant ____________________________________ Date __________________

 

Supervising Faculty ________________________________ Date __________________