POLICIES: INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Disclosure for Authors

The Intellectual Property Disclosure for Authors serves to protect the interests of faculty and professional personnel who are authors of copyrightable material, a patentable invention, or intellectual property. *Additionally the Disclosure serves to protect the interests of St. Cloud State University in applicable situations.

The Disclosure should be filed with the Office of Research and Sponsored Program at the earliest possible date in order to protect copyrightable material, a patentable invention or intellectual property in both internal and external matters. This form should be filed with the Office of Research and Sponsored Programs before any public dissemination or discussion of a copyrightable work, patentable invention or intellectual property.

Please consult with the Associate Provost for Research and Faculty Development for assistance and further information.

MnSCU Intellectual Policy

Please refer to the Inter Faculty Organization Agreement, Article 27, Sec. C, Subd. 4, “Patents and Intellectual Property” regarding SCSU Intellectual Property Policy for Course Materials at http://www.hr.mnscu.edu/contract_plans/documents/IFO_09_11_Contract.pdf.

Note: The SCSU policy will be superseded when the MnSCU policy is approved. This form will be superseded when the MnSCU disclosure form is approved. This Disclosure can, if necessary, fulfill the requirements of the Shared Ownership Agreement referenced in the SCSU policy. It is noted, however, that as this form should be filed before a work is completed, a revised Shared Ownership Agreement may be necessary.

*Copyright protects original works; it does not protect facts, ideas, systems, or methods of operation. A work automatically has copyright protection as soon as it is created and fixed in a tangible form. Patents apply only to inventions, usually a device, machine, manufactured item, chemical compound, formula, original or ornamental design for a manufactured item, or an invented or discovered new plant variety that can be asexually reproduced. Intellectual property is usually defined as a product of the human intellect that is unique, novel, and unobvious, has some value in the marketplace, and is protected by law. This protection includes patents, trademarks, copyrights, and trade secrets. As the concept and definition of intellectual property is being repeatedly tested in the courts, it is recommended that faculty and professional staff err on the side of caution and file a Disclosure if they feel any need for protection, while noting that the Disclosure in and of itself cannot guarantee protection. Developers of patentable ideas should consult with the Office of Research and Sponsored Programs about filing a Provisional Patent Application with the U.S. Patent and Trade Office.

 

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