Key Takeaways

  • An IP policy defines ownership, use, and protection of intellectual property within an organization or institution.
  • Policies apply to various stakeholders, including employees, students, contractors, and affiliates, and often distinguish between work created in the course of employment and personal creations.
  • Definitions of key terms like “covered individuals,” “digital work,” and “significant use of resources” are essential for clarity.
  • Public disclosure guidelines help protect patent rights and ensure proper handling of confidential information.
  • An effective IP policy also outlines dispute resolution, licensing, revenue sharing, and compliance measures.

An intellectual property policy example is part of the University of Arizona Intellectual Property Policy. Such a policy explains and implements what’s called the Arizona Board of Regents (ABOR) for the school. In the case any inconsistency arises between the policy and the ABOR Intellectual IP Policy, or related federal or state laws, the attributes of ABOR IP and related laws are both applicable.

The ABOR IP policy pertains to obligations and basic rights in relation to intellectual property for the following groups:

  1. Students
  2. Employees
  3. Other personnel associated with the school

Such a policy gives explanations of certain aspects of ABOR IP Policy and gives additional information on intellectual property formation, along with:

  1. University transfers
  2. Disposition
  3. Ownership

Policy Scope

This policy relates to “Covered Individuals,” which covers a variety of people associated with the university in various manners. With that, ABOR does not lay claim to the ownership of intellectual property formed by covered personnel, as explained in such a policy. The sole purpose in labeling covered individuals is to help people get in touch with Tech Launch Arizona regarding questions on IP rights and duties, even in situations where ABOR has no ownership over the intellectual property in question.

Purpose and Objectives of an IP Policy

An IP policy exists to encourage innovation, protect creators’ rights, and ensure equitable management of intellectual property generated within the organization. For universities and research institutions, this means fostering an environment where ideas can be developed and commercialized while safeguarding academic freedom. Objectives typically include:

  • Promoting the creation and dissemination of new knowledge.
  • Clarifying ownership rights for works created with or without institutional resources.
  • Supporting technology transfer and commercialization to benefit society.
  • Ensuring compliance with applicable laws, contracts, and funding agreements.

Policy Definitions

Be aware of the following definitions:

  1. Course and Scope of Employment: ABOR IP Policy defines intellectual property as when it’s formed during the scope and course of employment. Essentially, it includes duties described in a worker’s job description, and any activity within their employment filed. It also includes instructions and research activities.
  2. Covered Individuals: All lecturers and professors, including associate and assistant professors fall under the category of a covered individual. This also includes academic and professional employees, student employees and administrators. Moreover, undergraduate and graduate students are considered covered individuals. Volunteers, associates, and affiliates are also covered. Also, other people who accept the IP Policy, or school policies in general, are also covered individuals.
  3. Digital Work: Authorship works, or other creativity forms covered or produced into electronic or digital form, fall under digital work. Also, digital work covers lecture videos, software, mobile applications, and digital textbooks. This also covers online-based learning materials, including online courses or any multimedia properties. In addition, works used to transform, store or capture information would also be labeled as digital work.
  4. Significant Use of University Resources: The ABOR IP Policy designates what is considered a vast use of school resources. Although the definition is extensively detailed, it is logically defined and does not cover the simple use of University accommodations in the form of office space or a laptop. IT also covers activities conducted on University time, or to further University-related matters, such as research projects.
  5. Intellectual Property: ABOR IP Policy defines intellectual property in the form of legal property that includes trade secrets, copyrights, patents or trademarks. For the reason of such property, intellectual property includes research materials in the form of prototypes and tools.
  6. Intellectual Property Committee (IP Committee): A committee with less than five personnel. An IP official chooses the members, and half of all appointees are rooted in recommendations from the Senate Faculty Chair, including a sole Research Policy Committee member. The committee listens to all appeals from covered individuals, as mentioned in the ABOR IP Policy. The IP Committee could also implement changes in IP Policy that are brought up by the Faculty Senate and issue suggestions to the President via the IP Authority. The IP Committee can also recommend IP Policy changes to the Senate Faculty via the Research Policy Committee.
  7. IP Official: The president chooses the vice president of Tech Launch Arizona. The IP Authority resides over ABOR-related IP through Arizona Tech Launch.

Ownership and Rights Allocation

An effective IP policy clearly states who owns the rights to intellectual property created by covered individuals. While ownership often defaults to the creator for works developed without significant use of institutional resources, exceptions may apply when:

  • The work was created in the course and scope of employment.
  • Substantial use of facilities, equipment, or funding occurred.
  • The project is funded or commissioned under a specific agreement assigning rights to the institution.

Policies should also address joint ownership scenarios, detailing how rights and responsibilities are shared among co-creators and the institution.

Public Disclosure

When it comes to public disclosure, this would include oral or written non-confidential disclosures for inventions, research endeavors, or general information. Such examples include the following:

  1. Publications
  2. Industry meetings
  3. Conferences
  4. Informal discussions with colleagues that are not with the university.

Confidentiality and Protection of IP

Maintaining confidentiality before public disclosure is critical for preserving certain IP rights, such as patent protection. An IP policy may require:

  • Confidential handling of research results until a patent application is filed.
  • Use of nondisclosure agreements (NDAs) when collaborating with external partners.
  • Internal review of presentations, publications, or media releases that might reveal proprietary information.

Violations of confidentiality guidelines can lead to loss of legal protections and potential contractual breaches.

General Statement

The school is committed to research, teaching, and distribution of knowledge to benefit the campus. The University encourages staff and faculty members to commence scholar-based works and creative pursuits to form new and viable materials, processes, devices, and various intellectual properties, which could have commercial value. Such activities benefit the public, provide educational value for students, add to the positive enhancement of students involved in projects, and enhance the school’s reputation.

Licensing, Commercialization, and Revenue Sharing

Many IP policies outline how the institution licenses technology or creative works to third parties. A clear licensing framework should address:

  • Criteria for selecting licensees or commercialization partners.
  • Distribution of royalties or other income among inventors, departments, and the institution.
  • Reinvestment of IP-related revenues into research, development, and innovation programs.

These provisions ensure that creators are rewarded for their contributions while also enabling the organization to fund future projects.

Frequently Asked Questions

  1. What is the main purpose of an IP policy?
    It defines ownership, rights, and responsibilities for intellectual property created within an organization, ensuring compliance and fair benefit-sharing.
  2. Who does an IP policy apply to?
    It applies to covered individuals such as employees, students, contractors, and affiliates who create intellectual property.
  3. How does an IP policy handle public disclosure?
    It sets guidelines to protect confidential information and preserve IP rights before publications, presentations, or external discussions.
  4. What happens to royalties from licensed IP?
    Policies often include revenue-sharing provisions, distributing royalties among inventors, departments, and the institution.
  5. Can I keep ownership of work created on my own time?
    Generally yes, unless significant use of institutional resources was involved or the work falls within contractual obligations.

If you need an intellectual property policy example, submit your legal inquiry to our UpCounsel marketplace. UpCounsel’s lawyers will help you in all matters pertaining to intellectual property, including your rights as a creator of intellectual property. In addition, they will help campus personnel of all types regarding policy and regulations on intellectual property.