|Faculty Handbook -
Handbook for contracts dated prior to 7/1/03 (PDF)
9.0 EXTERNAL RELATIONS POLICIES
9.1 Prospect Clearance (Fund Raising)
See the University Policies and Procedures Manual PPM #45 for information.
See the University Policies and Procedures Manual PPM #21 for information.
9.2 Grants and Contracts
The submission of proposals by faculty, staff, and students at UNC Asheville for external funding is encouraged. Such activities are coordinated by the Office of Sponsored Research, a part of the Center for Teaching and Learning. Advance notice of submission is required. Please contact the Office of Sponsored Research or visit the web page for more information (http://www.ctl.unca.edu/, select link to "UNC Asheville Sponsored Research").
Indirect costs are received by UNC Asheville as a result of grant activity and are placed into the Overhead Receipts Fund. State regulations require that a portion of these funds be transferred to the Operating Fund as an offset to appropriations. The remaining funds may be budgeted and used by the institution as approved by the Office of State Management and Budget. Please contact the Office of Sponsored Research for more information (http://www.ctl.unca.edu/, select link to "UNC Asheville Sponsored Research").
9.3 Umstead Act
This Act covers faculty providing services in competition with private enterprise. If a faculty member is providing services that might be in competition with private enterprise, they should contact the Office of the VCAA for more information.
9.4 Intellectual Property
Ownership and use of intellectual property at UNC Asheville is governed by the following policies:
Copyright Use & Ownership, Policy 79
Response to Allegations of Copyright Infringement, Policy 80
9.4.1 Patent Policy
a. As defined by the Patent and Copyright Policies of the Board of Governors, to which these Procedures are expressly subject, The University of North Carolina has an interest in all inventions of University personnel that are conceived or first actually reduced to practice as part of or as a result of University research, activities within the scope of the inventor's employment by the University, and activities involving the use of University time, facilities, staff, materials, University information not available to the public, or funds administered by the University.
b. The University may also have an interest in inventions under the terms of contracts, grants or other agreements. Faculty, staff, and students, whose inventions are made on their own time and without University facilities, materials, or resources and which inventions are, therefore, their exclusive property as specified by the Patent and Copyright Policies, may avail themselves of the opportunity to submit the invention to the University for possible patenting and/or commercial exploitation and management under terms to be agreed between the inventor and the University.
c. The provisions of the Patent Procedures are subject to any applicable laws, regulations or specific provisions of the grants or contracts which govern the rights in inventions made in connection with sponsored research.
d. Under the terms of certain contracts and agreements between the University and various agencies of government, private and public corporations and private interests, the University is or may be required to assign or license all patent rights to the contracting party. The University retains the right to enter into such agreements whenever such action is considered to be in its best interest and in the public interest. Ordinarily the University will not agree to assign rights in future inventions to private corporations or businesses.
2. Responsibilities of University Personnel
- University personnel who, either alone or in association with others, make an invention in which the University has or may have an interest shall disclose such inventions on forms provided for this purpose by the Office of the Provost and VCAA (Appendix A). The Office of the Provost and VCAA will promptly acknowledge its receipt of completed disclosure forms and will distribute such forms to the Intellectual Property Committee for consideration at its next meeting.
The Intellectual Property Committee will review each written disclosure promptly. The inventor or his or her representative shall be allowed to examine all written materials submitted to the Committee in connection with his or her disclosure and to make a written and, where practicable, oral presentation to the Committee. The Committee will decide on the proper disposition of the invention to secure the interests of the University, the inventor, the sponsor if any, and the public. Its decision may include, but is not limited to, one or a combination of the following:
- To submit the disclosure for review by a patent or invention management firm.
- To make inquiries of potential licensees that may have an interest in the invention, including the financing of a patent application, where applicable;
- To study the practicality of applying for a patent with University resources (an option with limited application because of financial constraints);
- In proper cases, to release its rights to the inventor subject to an agreement to protect the interests of the University, the sponsor if any, and the public, including an obligation to pay to the University a percentage of future royalties; and;
- To dedicate the invention to the public.
Within four weeks of the receipt of the disclosure, the inventor will be notified in writing of the decision of the Committee on (1) the equities involved including financial participation, (2) whether the University will accept assignment of the invention for patenting, licensing and/or commercial handling as applicable. If the University chooses neither to file a patent application or otherwise make available commercially nor to dedicate to the public an invention in which it asserts its rights, the invention at the Committee's discretion may be released in writing to the inventor, with the permission of the sponsor, if any. If, after the University has filed a patent application, it decides to abandon the patent, the inventor will be promptly notified in writing, and all rights at the Committee's discretion may be released by written agreement to the inventor, with the permission of the sponsor, if any.
In those cases in which the University has obtained a patent without obligation to sponsors, if no arrangement has been made for commercial development within a reasonable period from the date of the issuance of the patent, the inventor(s) may request in writing a release of the University's plans for the development of the invention.
As to any invention in which the University has an interest, the inventor, upon request, shall execute promptly all contracts, assignments, waivers or other legal documents necessary to vest in the University or its assignees any or all rights to the invention, including complete assignment of any patents or patent applications relating to the invention.
- University personnel may not: (1) sign patent agreements with outside persons or organizations which may abrogate the University's rights and interests as stated in The Patent Policy or as provided in any grant or contract funding the invention, nor (2) without prior authorization use the name of the University or any of its units in connection with any invention in which the University has an interest.
3. Publication and Public Use
The University strongly encourages scholarly publication of the results of faculty and student research. Though the Patent and Copyright Policies do not limit the right to publish, except for short periods of time necessary to protect patent rights, publication or public use of an invention constitutes a statutory bar to the granting of a United States patent for the invention unless a patent application is filed within one year of the date of such publication or public use. Publication or public use also can be an immediate bar to patentability in certain foreign countries.
In order to preserve rights in unpatented inventions, it shall be the duty of the inventor, or of his or her supervisor if the inventor is not available to make such report, to report forthwith to the Provost and VCAA any publication, submission of manuscript for publication, sale, public use, or plans for sale or public use, of an invention, if a disclosure has previously been filed. If an invention is disclosed to any person who is not employed by the University or working in cooperation with the University upon that invention, a record shall be kept of the date and extend of the disclosure, the name and address of the person to whom the disclosure was made, and the purpose of the disclosure.
After disclosure to the Intellectual Property Committee, the inventor shall promptly notify the Provost and VCAA of the acceptance for publication of any manuscript describing the invention or of any sale or public use made or planned by the inventor.
4. Inventor Requests for Waiver of University Rights
If the inventor believes that the invention was made outside the general scope of his or her University duties, and if he or she does not choose to assign the rights in the invention to the University, he/she shall, in his or her invention disclosure, request that the Intellectual Property Committee determine the respective rights of the University and the inventor in the invention, and shall also include in his/her disclosure information on the following points:
- The circumstances under which the invention was made and developed;
- The employee's official duties at the time of the making of the invention;
- Whether he or she requests waiver or release of any University claims or acknowledgment that the University has no claim;
- Whether he or she wishes a patent application to be prosecuted by the University, if it should be determined that an assignment of the invention to the University is not required under the Patent and Copyright Policies; and
- The extent to which he or she would be willing voluntarily to assign domestic and foreign rights in the invention to the University if it should be determined that an assignment of the invention to the University is not required under the Patent and Copyright Policies.
5. Revenue Sharing
a. The University shall share revenue which it receives from patents or inventions with the inventors. As noted in Section A.4, specific provisions of grants or contracts may govern rights and revenue distribution regarding inventions made in connection with sponsored research; consequently, revenues the University receives from such inventions may be exclusive of payments of royalty shares to sponsors or contractors. Moreover, the University expects to contract with outside persons or organizations for the obtaining, managing and defending of patents, and any royalty shares of expenses contractually committed to such persons or organizations may be deducted before revenues accrue to the University.
b. The revenues (net, if applicable per the preceding paragraph) which the University receives from a patent or invention will be applied first to reimburse the University for any incremental expenses incurred by it in obtaining and maintaining patents and/or in marketing, licensing and defending patents or licensable inventions. After provision for such expenses, the inventor's share of such revenues received by the University shall be as follows: 50% of the first $25,000, 35% of the next $25,000, 20% of the next $25,000, 15% thereafter. In the case of co-inventors, each such percentage share shall be subdivided equally among them, unless the University in its sole discretion determines a different share to be appropriate. Applicable laws, regulations or provisions of grants or contracts may, however, require that a lesser share be paid to the inventor. In no event shall the share payable to the inventor or inventors in the aggregate by the University be less than 15% of gross royalties received by the University.
c. To the extent practicable and consistent with State and University budget policies, the remaining revenue received by the University on account of an invention will be dedicated to research purposes, including research in the inventor's department or unit, if approved by the Chancellor upon recommendation of the University Intellectual Property Committee.
6. Administration (revised by SD3402S) (SD1105S)
a. The University recognizes that the evaluation of inventions and discoveries and the administration, development and processing of patents and licensable inventors involves substantial time and expense and requires talents and experience not ordinarily found in its staff; therefore, in most cases it expects to contract with outsiders for these services. It may enter into a contract or contracts with an outside organization covering specific inventions or discoveries believed to be patentable and patents developed therefrom, or covering all such inventions, discoveries and patents in which the University has an interest.
b. The Intellectual Property Committee (IPC) reports to the VCAA and shall have such responsibilities as the Chancellor may specify concerning copyrights and patents, including but not limited to the following duties:
- Propose to the appropriate advisory and governing bodies revisions to UNC Asheville's policies on the use of copyrighted materials (e.g., classroom distribution of photocopies, web site content, online service provider exemptions, under the Digital Millennium Copyright Act) and the ownership of intellectual property.
- Recommend to the VCAA a continuing program to educate UNC Asheville faculty, staff and students about the use of intellectual property.
- When new guidelines become available from the UNC system, propose to the appropriate advisory and governing bodies' revisions to UNC Asheville's policies on the use of copyrighted materials and the ownership of intellectual property.
- Monitor developments in intellectual property law as is relates to changes in instructional and communications technology in order to propose to the appropriate advisory and governing bodies' revisions to UNC Asheville's policies on the use of copyrighted materials and the ownership of intellectual property.
- Carry out duties previously ascribed to the UNC Asheville Patent Committee in section 9.4 of the UNC Asheville Faculty Handbook.
- Provide advice to UNC Asheville personnel concerning interpretation of UNC Asheville intellectual property policies and procedures.
The Faculty Welfare and Development Committee shall nominate faculty members to the Faculty Senate for staggered three-year terms. Terms are renewable. The Committee shall be constituted as follows:
- UNC Asheville faculty
- Humanities (1)
- Sciences (1)
- Social Sciences (1)
- Ex Officio:
- Dean of Faulty
- Director, Computer Center
- Director, Special Academic Programs
- Director, University Printing
- Director, University Publications
- University Librarian
- University General Counsel
Ex Officio and appointed positions shall each have one vote on the overall committee.
9.5 Political Activity (see Section 13.2.5)
9.6 Publicity for Faculty Activities
The Office of Public Information is responsible for publicizing faculty activities such as awards and honors, grants, and publications through University Publications and new releases to area media. Faculty may submit activities for publicity via email to email@example.com.
9.7 University Research Relations with Private Enterprise and on Publication of Research Findings (UNCA PPM #37)
9.8 FORMS for Section 9.0
No forms for this section.
|Faculty Handbook -
Handbook for contracts dated prior to 7/1/03 (PDF)