Intellectual Property and Copyright
About This Policy
Responsible Office
Vice President for Human Resources & Operations
Policy Owner
Executive Director of Innovation & Technology
Policy Contact
Executive Director of Innovation & Technology
Issued
2026-01-12
Policy Statement
North Central University recognizes intellectual property (IP) as a valuable product of the creative and scholarly work that occurs throughout the university community. The university establishes clear ownership principles that protect institutional interests while supporting the creative and scholarly work that defines the academic mission. Ownership determinations depend on employment scope, resource utilization, and funding sources rather than the specific technologies, devices, or platforms creators use.
Determining Intellectual Property Ownership
The university owns intellectual property when creation occurs within the scope of employment as works made for hire, when creation uses significant university resources beyond those normally provided, when creation results from sponsored research or externally funded projects, or when creation involves substantial collaboration with university programs. University ownership extends to all forms of intellectual property including patents, copyrights, trademarks, trade secrets, know-how, software, and other protected innovations regardless of the medium, format, or technology platform used in creation.
Tools, Technologies, and Artificial Intelligence
The tools and technologies used to create intellectual property do not determine ownership. Work created within employment scope belongs to the university as work made for hire regardless of whether employees use university-owned equipment, personal devices, personal software accounts, cloud services, or artificial intelligence tools.
The university owns all prompts, workflows, configurations, and methodologies that employees develop for using AI tools in university work. Creating efficient AI prompts, developing effective workflows, or configuring AI systems for university purposes constitutes valuable intellectual property that belongs to the university when created within employment scope.
Employees have a duty to protect university intellectual property and must not input university trade secrets, confidential research data, or proprietary configurations into non-university-approved AI systems as specified in the Acceptable Use of Artificial Intelligence in the Workplace policy. Such actions jeopardize the legal status and protectability of university intellectual property and may result in disciplinary action under the Misconduct policy.
Faculty Scholarly and Creative Works
The university recognizes the importance of academic freedom in supporting scholarly productivity and creative expression. Faculty members retain ownership of traditional scholarly works created through independent scholarship in their academic disciplines. Traditional scholarly works include peer-reviewed journal articles, academic books, conference papers, and artistic productions created independently without substantial university resources.
The university owns works created as specifically assigned duties within employment agreements, online courses developed for university degree programs, institutional curricula, and works created using substantial university resources that exceed normal faculty support. Substantial resources include specialized equipment, dedicated technical staff, substantial release time, internal grants, or other significant resources beyond standard faculty support.
Faculty members must consult the Faculty Handbook for detailed provisions regarding ownership of scholarly works and course materials. The Faculty Handbook provisions control when addressing faculty-specific intellectual property situations.
Data Protection Obligations for All Creators
Individual intellectual property ownership rights, including faculty ownership of traditional scholarly works, exist within the framework of broader university obligations to protect sensitive information and satisfy legal requirements. All data protection requirements, confidentiality obligations, student privacy protections, and information security restrictions apply to all community members regardless of intellectual property ownership arrangements.
Creators who own their scholarly or creative works have duties to comply with all requirements governing data classification, student records protection under the Family Educational Rights and Privacy Act (FERPA), human subjects research protections, confidential university information, sponsored research data security, and acceptable use of information technology resources. University ownership or non-ownership of scholarly or creative outputs does not alter individual obligations to protect university data, student information, research participant confidentiality, or other sensitive materials.
Faculty members who publish research findings must exclude personally identifiable student information, confidential research data protected by institutional review board protocols, and any other protected information from their publications regardless of their ownership rights in the underlying scholarly work.
Student Ownership Rights
Students retain ownership of intellectual property created in regular coursework using standard educational resources. Regular coursework products include essays, research papers, creative works, presentations, and projects completed to satisfy degree requirements when created without substantial university resources beyond normal educational support.
The university owns student intellectual property when students act as university employees such as research assistants or teaching assistants, participate in sponsored research projects governed by grant agreements, create works with substantial faculty involvement that goes significantly beyond normal instruction, or use substantial university resources such as specialized equipment or dedicated technical support. Students employed by the university create works within their scope of employment that belong to the university under work-made-for-hire principles. Students who serve as research assistants on funded projects create intellectual property subject to grant terms and university ownership regardless of whether the work also satisfies degree requirements.
Protecting Third-Party Intellectual Property
Employees have a duty to respect third-party intellectual property rights in all university work products. The university prohibits the submission of work products that infringe copyrights, trademarks, patents, or other protected rights. Employees must verify that all university work products, whether created through traditional methods or with AI assistance, do not infringe third-party intellectual property rights.
When employees create content using AI tools, automated systems, or other technologies that may reproduce copyrighted material, employees have a duty to conduct thorough reviews to identify potential infringement before submitting work products. Employees must either obtain proper permissions, completely rewrite content in their own words, or choose alternative approaches when potential infringement exists. Employees who knowingly submit infringing work products face disciplinary action under the Misconduct policy.
Managing Research and Commercialization
All sponsored research agreements must include intellectual property provisions protecting university rights while complying with sponsor requirements and federal regulations including the Bayh-Dole Act. Principal investigators have duties to confirm that research team members understand their obligations under sponsored agreements before beginning work and to notify university counsel of all sponsored research agreements before execution to ensure appropriate intellectual property provisions.
University counsel reviews and negotiates intellectual property terms in all agreements involving external funding, collaborative research, or materials transfer to protect university interests and satisfy legal obligations. All licensing and commercialization decisions remain at university discretion. The university works collaboratively with inventors to establish fair compensation arrangements that recognize individual contributions while supporting continued innovation. Revenue distribution from licensing agreements follows negotiated arrangements on a case-by-case basis.
Creators must disclose any financial interests in potential licensing partners or external professional obligations that may create a conflict of interest or conflict of commitment regarding university-owned intellectual property. The university manages all such conflicts according to the Conflict of Interest policy to ensure research integrity and proper stewardship of institutional assets.
External Collaborations and Joint Ownership
University community members participating in collaborative projects with external entities that involve university resources or assets have duties to notify university counsel prior to beginning work. All external collaborations that may result in joint creation of intellectual property require documentation through a formal Inter-Institutional Agreement (IIA) or other written contract.
University counsel must review and approve all such agreements to confirm protection of university interests, clarify ownership shares, and establish protocols for future licensing and commercialization. External collaborators include researchers from other universities, industry partners, government agencies, nonprofit organizations, and any other non-university entities.
In the absence of a formal agreement executed before work begins, any intellectual property created using university resources remains subject to the ownership principles in university policy. The university retains all rights to intellectual property created with university resources when no valid agreement exists establishing different ownership arrangements.
Disclosure, Assignment, and Authorization
All employees and students have duties to disclose potentially patentable inventions, copyrightable works using university resources, and discoveries with commercial potential within 30 days of conception or the point at which a creator should reasonably recognize the commercial or patentable potential of the work. Potentially patentable inventions include any discovery, process, composition, machine, manufacture, or improvement that may qualify for patent protection. Commercial potential includes market applications, licensing opportunities, or value to external entities regardless of whether inventors intend to pursue commercialization.
All university-owned intellectual property rights automatically assign to the university upon employment or enrollment. No individual may file patent applications, pursue copyright protection, or enter licensing agreements involving university-owned intellectual property without written authorization from university counsel. Unauthorized filings violate policy requirements and may result in disciplinary action and loss of individual rights to compensation from commercialization.
New employees who possess intellectual property created prior to their university affiliation must disclose such property within 60 days of hire date to exclude it from university ownership claims. Disclosure must include sufficient detail to identify the intellectual property and establish creation dates. Failure to disclose pre-existing intellectual property within this period may result in a presumption that works created during employment belong to the university when they fall within policy scope.
Stewardship of Records and Tangible Research Property
All original records, data, laboratory notebooks, digital logs, and supporting materials related to university-owned intellectual property belong to the university. These materials provide essential evidence for protecting university interests and fulfilling sponsor requirements. Original records include laboratory notebooks, research data files, experimental protocols, design documents, source code, field notes, survey instruments, analytical results, correspondence regarding research development, and any other materials documenting the creation and development of intellectual property.
Upon termination of university employment or enrollment, creators must leave all original records and tangible research property with their respective department or unit. Departments maintain custody of these materials to ensure continued availability for patent prosecution, sponsored research reporting, regulatory compliance, and protection of university intellectual property rights. While creators may retain copies of their work as permitted by law or separate agreement, the university maintains ownership of original primary evidence associated with its intellectual property.
Compliance and Enforcement
The university establishes these ownership principles to protect institutional assets and satisfy legal and contractual obligations. Violations of policy provisions result in disciplinary action. Violations include unauthorized licensing of university-owned intellectual property, intentional non-disclosure of inventions, misappropriation of university trade secrets, removal of original research records without authorization, and submission of false disclosure information.
Employees who violate policy requirements may receive disciplinary action up to and including termination. Students who violate policy requirements may receive disciplinary action in accordance with the Student Code of Conduct. The university reserves the right to pursue legal proceedings including injunctive relief and damages to protect its intellectual property rights and enforce policy terms. The university may pursue recovery of any financial benefits obtained by individuals through policy violations.
Reason For Policy
The university establishes clear intellectual property ownership rights to protect educational resources, satisfy federal funding requirements under the Bayh-Dole Act, provide fair recognition for creators, and clarify ownership amid rapidly evolving creation technologies including artificial intelligence tools. Clear ownership supports the university mission by establishing predictable determinations based on employment relationships and resource utilization while satisfying compliance obligations to federal agencies, state entities, and private sponsors that require universities to maintain comprehensive intellectual property policies as a condition of funding.
Policy Scope
These requirements apply to all members of the university community including all faculty members (full-time, part-time, adjunct, and visiting), all staff members and administrators, all students (undergraduate and graduate), visiting scholars, postdoctoral researchers, contractors, and external collaborators participating in university research or using university resources. Coverage extends to all intellectual property created using university resources, created within employment scope, created under sponsored agreements, or created through university-supported activities.
Procedures
Forms
- Invention Disclosure Form
- Trademark Usage Request Form
- Inter-Institutional Agreement Template
Appendices
- Appendix A: Significant University Resources Examples
- Appendix B: Traditional Academic Works Examples
FREQUENTLY ASKED QUESTIONS
Q: Does the university own intellectual property I create at work?
A: Ownership depends on creation circumstances. The university owns intellectual property created within employment scope as work made for hire, using substantial university resources, or through sponsored research. The device or tool used (personal vs. university) does not determine ownership. Faculty should consult the Faculty Handbook regarding scholarly works.
Q: What if I already developed a patent or invention before starting work at the university?
A: New employees must disclose all pre-existing intellectual property within 60 days of hire date to ensure exclusion from university ownership claims. Complete the IP Ownership Determination Request Form and submit it to university counsel. Failure to disclose creates legal ambiguity if the employee continues developing that work during university employment.
Q: What qualifies as “significant university resources”?
A: Significant resources exceed normal support provided to individuals in similar positions. Examples include specialized research equipment not generally available, dedicated technical personnel assigned to specific projects, extensive laboratory space, internal grant funding, university-funded research assistants, specialized software licenses purchased for specific projects, or substantial release time granted specifically for commercializable product development. Standard office computers, normal software, standard office space, and library access typically do not constitute significant resources. See Appendix A for detailed examples.
Q: As a faculty member, do I own my course materials?
A: Faculty own individually-designed materials created independently for traditional courses without substantial university resources. The university owns content developed as specifically assigned work, online courses developed for university degree programs, institutional curricula, and materials created using instructional designers, substantial release time, or significant resources. Consult the Faculty Handbook for detailed provisions.
Q: Does using AI tools to create work change ownership?
A: No. Work created with AI assistance follows the same ownership principles as work created through traditional methods. Work created within employment duties belongs to the university as work made for hire regardless of tools used. The university also owns AI prompts, workflows, and configurations developed for university work.
Q: Can I file a patent application for my invention independently?
A: No. Individuals may not file patent applications or enter licensing agreements for university-owned intellectual property without written authorization from university counsel. Unauthorized filing violates policy requirements and may result in disciplinary action, loss of commercialization benefits, and legal proceedings to establish university ownership.
Q: What happens if I input confidential university information into a commercial AI system?
A: Inputting confidential information, trade secrets, or proprietary data into unauthorized AI systems violates both this policy and the Acceptable Use of Artificial Intelligence in the Workplace policy. Such actions jeopardize the legal protectability of university intellectual property and may result in disciplinary action under the Misconduct policy. Always verify approval status before using external AI tools with sensitive information.
Q: Who owns intellectual property created by students in my research lab?
A: When students work as paid research assistants or participate in sponsored research, the university owns resulting intellectual property under work-made-for-hire principles and grant terms. When students create intellectual property as part of regular coursework without substantial faculty involvement beyond normal instruction, students retain ownership. Substantial faculty involvement means significant intellectual contribution beyond typical course instruction.
Q: How long do I have to disclose a potentially patentable invention?
A: University policy requires disclosure within 30 days of conception or the point when commercial potential becomes reasonably apparent. Sponsored agreements may impose shorter deadlines. Delayed disclosure can jeopardize patent rights because public disclosures, publications, or offers for sale create legal bars to patentability. Disclose promptly to protect rights.
Q: What constitutes “scope of employment” for intellectual property ownership?
A: Scope of employment includes all activities employees are hired to perform and activities that reasonably arise from employment duties. For faculty, scope typically includes teaching, research in one’s discipline, and service activities. For staff, scope includes assigned job duties and responsibilities. Work falls within scope regardless of when or where creation occurs if it relates to employment duties or uses university resources.
Additional Contacts
| Subject Matter | Contact | Phone | |
| Primary Contact | VP HR/Operations | hr@northcentral.edu | |
| Trademark Usage | Marketing & Communications | marketing@northcentral.edu | |
| Academic IP Usage | Office of Academic Affairs | academics@northcentral.edu | |
| Sponsored Research | Office of Academic Affairs | academics@northcentral.edu | |
| AI Tool Guidance | Office of Innovation & Technology | 612.343.4170 | oit@northcentral.edu |
Definitions
Artificial Intelligence Tools
Software applications, systems, or services that use machine learning, natural language processing, or other computational methods to generate content, analyze data, or perform tasks typically requiring human intelligence. AI tools include large language models such as ChatGPT, Claude, and similar systems, as well as specialized AI applications for image generation, code development, data analysis, and other purposes. Use of AI tools does not alter intellectual property ownership determinations, which depend on employment scope and resource usage rather than creation methodology.
Assignment
The formal transfer of ownership rights from a creator to the university. For university employees and students, assignment occurs automatically upon employment or enrollment for all intellectual property created within policy scope. Automatic assignment eliminates the need for individual assignment documents in most circumstances, though university counsel may require executed assignment documents for patent prosecution, licensing negotiations, or litigation purposes.
Conflict of Commitment
External professional activities, whether compensated or uncompensated, that interfere with an employee’s primary obligations and commitments to the university. Conflicts of commitment arise when outside activities consume time or attention that employees owe to university duties, create competing loyalties affecting judgment regarding university matters, or involve use of university resources for non-university purposes. Employees must manage conflicts of commitment according to university policy to ensure fulfillment of employment obligations.
Conflict of Interest
Situations where financial or other personal considerations may compromise, or have the appearance of compromising, an employee’s professional judgment in conducting or reporting research or in performing university duties. Financial conflicts include equity interests in companies licensing university intellectual property, consulting relationships with potential licensees, or royalty arrangements creating incentives misaligned with university interests. Employees must disclose and manage conflicts of interest according to university policy to protect research integrity and institutional interests.
Copyright
The exclusive legal right granted to creators of original works fixed in tangible medium of expression. Copyright protection arises automatically upon fixation and covers literary works, musical works, dramatic works, pictorial and graphic works, audiovisual works, sound recordings, architectural works, and other creative expressions. Registration with the U.S. Copyright Office provides additional legal benefits including enhanced damages and attorney fees in infringement litigation, but registration does not create copyright ownership.
Disclosure
The formal notification to university counsel regarding creation or conception of intellectual property that may belong to the university. Disclosure provides university counsel with information necessary to determine ownership, evaluate patent potential, satisfy sponsored agreement obligations, and make commercialization decisions. Complete disclosure includes technical description, contributor identification, funding sources, resource usage, development timeline, and commercial potential assessment.
Employee
Any person employed by the university including faculty members (full-time, part-time, adjunct, visiting), staff members, administrators, postdoctoral researchers, student workers, and contractors performing university services. Employee status for intellectual property purposes depends on the nature of the relationship rather than specific classification for benefits or tax purposes. Individuals performing services under university direction and control create works owned by the university when creation falls within employment scope.
Intellectual Property (IP)
Intangible creations of the mind protected by law including patents, copyrights, trademarks, trade secrets, know-how, and other legally protected innovations. Intellectual property represents valuable assets that receive legal protection through various mechanisms depending on the type of creation, public disclosure status, and protective measures taken. Universities own intellectual property created by employees within employment scope, using substantial resources, or under sponsored agreements.
Inter-Institutional Agreement (IIA)
A formal written contract between the university and external entities governing collaborative research, resource sharing, or joint intellectual property creation. IIAs establish ownership rights, licensing authority, revenue distribution, publication rights, and other terms governing multi-institutional collaborations. University counsel must review and approve all IIAs before work begins to protect university interests and clarify rights in resulting intellectual property.
Invention
Any discovery, process, composition, machine, manufacture, method, or improvement that may qualify for patent protection under U.S. patent law. Inventions include new products, innovative processes, novel compositions of matter, useful machines, technological improvements, and other patentable innovations. Inventors must disclose inventions to university counsel within 30 days to allow evaluation of patent potential and satisfaction of sponsored agreement obligations.
Patent
A government grant providing the patent holder exclusive rights to make, use, sell, offer for sale, and import an invention for a limited period (typically 20 years from filing date) in exchange for public disclosure of the invention. Patents require formal application to the U.S. Patent and Trademark Office demonstrating that the invention meets statutory requirements including novelty, non-obviousness, and utility. Public disclosure before patent filing can create absolute bars to patentability under U.S. law.
Scope of Employment
The range of activities an employee is hired to perform and activities that reasonably arise from employment duties, responsibilities, and expectations regardless of when, where, or with what tools the employee performs those activities. Scope of employment for faculty typically includes teaching in assigned areas, conducting research in scholarly disciplines, and performing service activities. Scope of employment for staff includes assigned job duties and related activities. Work created within employment scope belongs to the university as work made for hire under federal copyright law.
Significant University Resources
University support exceeding what is normally provided to individuals in similar positions, such as specialized laboratory equipment not generally available, dedicated technical personnel assigned to specific projects, internal grant funding for commercializable development, university-funded research assistants providing substantial project contribution, specialized software purchased for specific projects, or substantial release time granted specifically for intellectual property development. Significance depends on comparison to standard support for individuals in similar positions rather than absolute resource levels. See Appendix A for detailed examples.
Sponsored Research
Research activities supported by external funding from federal agencies, state governments, private foundations, industry partners, or other external entities through grants, contracts, or cooperative agreements. Sponsored research creates legal obligations to protect funder interests, report inventions according to specified timelines, satisfy data sharing requirements, and provide funders with specified rights in research results and intellectual property. The Bayh-Dole Act governs intellectual property rights for federally funded research.
Traditional Academic Works
Scholarly publications, research articles, books, and creative works that faculty members create through independent scholarship in their academic disciplines without substantial university resources and outside specific employment assignments requiring particular outputs. Traditional academic works represent faculty members’ contributions to scholarly discourse in their fields and typically remain the property of faculty creators consistent with academic freedom principles. See Appendix B for detailed examples.
Trademark
Words, names, symbols, devices, or combinations thereof used to identify and distinguish the goods or services of one party from those of others and to indicate the source of goods or services. The university owns all marks associated with North Central University including the university name, logos, athletic marks, academic program names, and other identifying symbols. Trademark rights arise through use in commerce and strengthen through registration with the U.S. Patent and Trademark Office.
Trade Secret
Information that derives independent economic value from not being generally known or readily ascertainable by others who could obtain economic value from its disclosure or use, and that is subject to reasonable efforts to maintain secrecy. Trade secrets include formulas, patterns, compilations, programs, devices, methods, techniques, processes, financial information, customer lists, and business strategies. Trade secret protection continues indefinitely as long as secrecy is maintained, but ends upon public disclosure.
Work Made for Hire
A legal doctrine under which works created by employees within the scope of employment belong to the employer rather than the individual employee who created them. Under federal copyright law, employers own all copyrightable works that employees create within employment scope regardless of when, where, or with what tools employees perform the work. The work-made-for-hire doctrine applies to university employees for works created within employment duties.
Responsibilities
All Employees and Students
- Disclose pre-existing intellectual property within 60 days of hire
- Provide sufficient detail to distinguish pre-existing work from future university work
- Disclose potentially patentable inventions or commercially valuable intellectual property within 30 days
- Disclose conflicts of interest regarding university intellectual property
- Verify work products do not infringe third-party intellectual property rights
- Leave original research records with departments upon departure
- Protect university trade secrets and confidential information
Faculty and Principal Investigators
- Inform research team members of intellectual property obligations
- Supervise retention of research records within units
- Comply with data protection requirements regardless of scholarly work ownership
- Coordinate with university counsel on sponsored agreement intellectual property provisions
University Counsel
- Evaluate disclosures and provide ownership determinations
- Review and approve inter-institutional collaboration agreements
- Advise on intellectual property terms in sponsored research agreements
- Manage patent prosecution, copyright registration, and trademark protection
- Advise on licensing arrangements and commercialization decisions
Marketing and Communications
- Manage university trademark portfolio
- Review and approve trademark usage requests
- Provide guidance on proper trademark usage
- Monitor unauthorized trademark usage
Office of Innovation & Technology
- Provide guidance on technology use as it relates to intellectual property creation
- Assist with questions about AI tools and data protection
- Coordinate with university counsel on technology contracts
Office of Academic Affairs
- Clarify distinctions between scholarly works and institutional works
- Ensure research integrity policies align with intellectual property requirements
- Provide guidance to faculty on scholarly communication practices
- Coordinate sponsored research intellectual property matters with university counsel
Office of Human Resources
- Incorporate intellectual property training into new employee orientation
- Confirm employment agreements address work-made-for-hire principles
- Coordinate investigation and disciplinary processes for violations
Department Heads and Supervisors
- Support employees in understanding intellectual property requirements
- Facilitate timely disclosures of inventions and discoveries
- Ensure proper maintenance and transfer of research records
RELATED INFORMATION
Related University Policies & Procedures
- Acceptable Use of Artificial Intelligence in the Workplace
- Acceptable Use of Information Technology Resources
- Conflict of Interest and Conflict of Commitment
- Information Security Policy
- Managing Student Records
- Misconduct Policy
- Student Code of Conduct – (available through Office of Student Development)
- Faculty Handbook (available through Office of Academic Affairs)
Relevant Legislation
- Bayh-Dole Act (37 C.F.R. 401) – (https://www.ecfr.gov/current/title-37/chapter-IV/part-401)
- Copyright Act (17 U.S.C.) – (https://www.copyright.gov/title17/)
- Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g) – (https://www.ecfr.gov/current/title-34/subtitle-A/part-99)
- Patent Act (35 U.S.C.) – (https://www.uspto.gov/web/offices/pac/mpep/consolidated_laws.pdf)
- Trademark Act (15 U.S.C.) – (https://www.uspto.gov/sites/default/files/trademarks/law/Trademark_Statutes.pdf)
Other Related Information
- National Institutes of Health (NIH) Intellectual Property Policy – (https://grants.nih.gov/grants/policy/ip/)
- National Science Foundation (NSF) Intellectual Property Requirements – (https://www.nsf.gov/publications/pub_summ.jsp?ods_key=pappg)
- U.S. Patent and Trademark Office (USPTO) Resources – (https://www.uspto.gov/)
History
Issued
2026-01-12