Intellectual Property Policy Update Delete

Southern Adventist University recognizes that research and creative activities are integral functions of a university. The University encourages such activities by the faculty, staff, and students, and recognizes its responsibility to see that creative and scholarly works are administered for the best interest of all parties concerned, including the public.

Southern affirms that the creator of intellectual property should have maximum freedom with respect to the creation consistent with obligations to Southern and other legal entities as established by the Faculty Affairs Committee. All intellectual property produced at Southern by faculty, staff, or students is covered by this policy. Intellectual property shall consist of, for example and without limitation: inventions, creative works, patentable subject matter, teaching resources, copyrightable materials, audiovisual materials, photographs, software, trade secrets, and trademarks. No intellectual property is specifically excluded.

WAIVER OF UNIVERSITY RIGHTS

1. Time for Review: Before the creation of any work of intellectual property using substantial University resources, the creator(s) shall notify the office of the vice president of Academic Administration. Inventors and authors shall receive the written decision of the University’s intention to pursue or release rights of ownership within 45 days of the date of the formal submission to the office of the vice president of Academic Administration.
2. Release of Invention to Inventor(s): The University may determine that an invention will not be patented and will not be licensed or otherwise commercialized by the University. In those cases, the vice president for Academic Administration will cause ownership rights to be waived by the University.
3. Use of Revenue: Funds received by the University from the sale of intellectual property owned by the University shall be allocated and expended as determined solely by the University.

UNIVERSITY OWNERSHIP

When intellectual property, such as works, inventions, developments, or discoveries is created with substantial use of University facilities, whether provided by external support or not, the University will originally retain the rights to the property, provided that it desires to commercially develop the property or to make it available to the public. If, however, the University elects not to commercially develop said property or fails to show diligence in such development, the ownership rights to that property may be acquired by the creator.

If the creator develops an intellectual property with substantial use of University facilities, she or he must make full and fair disclosure to the University of all such sources of compensation relating to that intellectual property.