DISCLOSING & EVALUATING INTELLECTUAL PROPERTY

Related Policy – Intellectual Property and Copyright

About This Procedure

University Procedure

Declaring Pre-existing Intellectual Property

 New employees must identify and document intellectual property created before university employment to exclude it from university ownership claims. Early disclosure protects employee rights in pre-existing work and prevents future ownership disputes.

1. Access the IP Ownership Determination Request Form from university counsel or the university website within the first 30 days of employment
2. Identify all pre-existing intellectual property including patents, copyrights, pending applications, or creative works created before university affiliation
3. Provide sufficient detail to distinguish pre-existing property from future university work including titles, descriptions, creation dates, and current development status
4. Submit the completed form to university counsel within 60 days of hire date
5. Maintain a copy of the submitted form and any written acknowledgment from university counsel

University counsel reviews submitted declarations and provides written acknowledgment confirming exclusion of properly disclosed pre-existing intellectual property from university ownership claims.

Submitting Invention Disclosures

Creators who develop potentially patentable inventions or commercially valuable discoveries must notify university counsel promptly to protect patent rights and satisfy sponsored agreement obligations. Early disclosure enables the university to evaluate commercialization potential and take appropriate protective measures before public disclosure creates legal bars to patent protection.

1. Access the Invention Disclosure Form from the university website or request the form from university counsel
2. Complete all required fields including invention description, list of all contributors and their roles, funding sources, university resources used, and date of conception or first recognition of commercial potential
3. Provide detailed technical description sufficient to understand the invention, its advantages over existing solutions, potential applications, and development stage
4. List all university resources used including equipment, facilities, technical support, funding, students, and release time
5. Submit the completed form to university counsel within 30 days of conception or reaching a stage where commercial potential becomes reasonably apparent
6. Maintain confidentiality regarding the invention until university counsel provides guidance on public disclosure, publication, or patent filing strategy
7. Supplement disclosure with updated information as development progresses, additional contributors join the project, or new applications emerge

Evaluating Ownership Determinations

University counsel examines disclosure documentation to determine intellectual property ownership based on employment scope, resource usage, and funding sources. Clear determinations provide certainty for all parties and enable appropriate protection of university and individual rights.

1. Review submitted disclosure forms, supporting documentation, and supplemental materials
2. Examine employment agreements, appointment letters, and position descriptions to determine scope of employment
3. Analyze funding sources including grants, contracts, internal awards, and sponsored agreements
4. Assess resource utilization by comparing resources used against normal support provided to individuals in similar positions
5. Consult with department heads, principal investigators, or relevant administrators regarding resource allocation and project context
6. Document the ownership determination with detailed rationale addressing employment scope, resource usage, and funding sources
7. Notify all parties in writing of the ownership decision within 30 days of receiving complete information
8. Provide clear explanation of determination basis including specific factors supporting the conclusion
9. Respond to questions or requests for reconsideration from creators who disagree with ownership determinations