Intellectual Property Policy

The Board of Regents of the University System of Georgia has developed policies related to Intellectual Property. The Board of Regents of the University System of Georgia Policy Manual 6.3.1 states the following:

“The University System of Georgia is dedicated to teaching, research, and the extension of knowledge to the public. The personnel at its institutions recognize as two of their major objectives, the production of new knowledge and the dissemination of both old and new knowledge. Inherent in these objectives is the need to encourage the development of new and useful devices and processes, the publication of scholarly works, and the development of computer software. Such activities

• contribute to the professional development of the faculty, staff, or students involved
• enhance the reputation of the institutions concerned
• provide additional educational opportunities for participating students
• promote the general welfare of the public at large

Patentable inventions and materials often come about because of activities of University System faculty, staff, or students who have been aided wholly or in part through the use of resources of the University System. It becomes significant, therefore, to insure the utilization of such inventions for the public good and to expedite their development and marketing. The rights and privileges, as well as the incentive, of the inventor or creator must be preserved so that his or her abilities and those of other faculty, staff, or students of the colleges and universities of the University System may be further encouraged and stimulated.

The University System recognizes and encourages the publication of scholarly works as an integral part of the processes of teaching, research, and service. The Board of Regents acknowledges that faculty, staff, or students regularly prepare for publication, usually through individual effort and initiative, articles, pamphlets, books, and other scholarly works which may be subject to copyright and which may generate royalty income for the author. Publication may also result from work supported either partially or completely by the institution. With the advent of innovative techniques and procedures, the variety and number of materials which might be created in a university community have increased significantly, causing the ownership of such copyrightable materials to become increasingly complex.”

The following definitions are outlined in 6.3.2 of the BOR Policy Manual:

‘Intellectual Property’ shall be deemed to refer to patentable materials, copyrighted materials, trademarks, software, and trade secrets, whether or not formal protection is sought.

‘Patentable Materials’ shall be deemed to refer to items other than software which reasonably appear to qualify for protection under the patent laws of the United States or other protective statutes, including Novel Plant Varieties and Patentable Plants, whether or not patentable thereunder.

‘Copyrighted Materials’ shall include the following: (1) books, journal articles, texts, glossaries, bibliographies, study guides, laboratory manuals, syllabi, tests, and proposals; (2) lectures, musical or dramatic compositions, unpublished scripts; (3) films, filmstrips, charts, transparencies, and other visual aids; (4) video and audio tapes or cassettes; (5) live video and audio broadcasts; (6) programmed instructional materials; (7) mask works; and (8) other materials or works other than software which qualify for protection under the copyright laws of the United States (See 17 U.S.C. 102 et seq.) or other protective statutes whether or not registered thereunder.

‘Software’ shall include one or more computer programs existing in any form, or any associated operational procedures, manuals, or other documentation, whether or not protectable or protected by patent or copyright. The term ‘computer program’ shall mean a set of instructions, statements, or related data that, in actual or modified form, is capable of causing a computer or computer system to perform specified functions.

‘Trademarks’ shall include all trademarks, service marks, trade names, seals, symbols, designs, slogans, or logotypes developed by or associated with the University System or any of its institutions. (See 15 U.S.C. 1127.)

‘Trade Secrets’ means information including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (See O.C.G.A. 10-1-761.)

‘Patentable Plant’ means an asexually reproduced distinct and new variety of plant.(See 35 U.S.C. 161.)

‘Mask Work’ means a series of related images, however fixed or encoded: (i) having or representing the predetermined, three-dimensional pattern of metallic, insulating, or semi-conductor material present or removed from the layers of a semiconductor chip product; and (ii) in which series the relation of the images to one another is that each image has the pattern of the surface of one form of the semiconductor chip product. (See 17 U.S.C. 901.)

‘Novel Plant Variety’ means a novel variety of sexually reproduced plant. (See 7 U.S.C. 2321 et seq.)”

BOR Policy Manual Section 6.3.3 addresses the “Determination of Rights and Equities in Intellectual Property”. Macon State College has adopted the following policies in regards to the determination of rights and equities in intellectual property:  

A. Sponsor-Supported Efforts

The grant or contract between the sponsor and the institution, under which Intellectual Property is produced, may contain specific provisions with respect to disposition of rights to these materials. The sponsor may choose to do one of the following:

• specify that the materials be placed in the public domain
• claim reproduction, license-free use, or other rights
• assign all rights to the institution. In those cases where royalty income is realized by the institution, the inventor or creator may appropriately share in the royalty income. The nature and extent of inventor or creator participation in royalty income, however, shall be subject to sponsor and institution agreements.

B. Institution-Assigned Efforts

Ownership of Intellectual Property developed as a result of assigned institutional effort shall reside with the institution; however, sharing of royalty income with the inventor or creator is authorized as an incentive to encourage further development of Intellectual Property. The nature and extent of inventor or creator participation in royalty income, however, shall be the decision of the institution.

C. Institution-Assisted Individual Effort

Ownership of Intellectual Property developed by faculty, staff, or students of the institution where the institution provides support of their efforts or use of institution resources in more than a purely incidental way (unless such resources are available without charge to the public) shall be shared by the inventor or creator and the institution. The nature and extent of inventor or creator participation in royalty income, however, shall be the decision of the institution.  

D. Individual Effort

Ownership rights to Intellectual Property developed by faculty, staff, or students of the institution shall reside with the inventor or creator of such Intellectual Property provided that:

• there is no use, except in a purely incidental way, of institution resources in the creation of such Intellectual Property (unless such resources are available without charge to the public)
• the Intellectual Property is not prepared in accordance with the terms of an institution contract or grant
• the Intellectual Property is not developed by faculty, staff, or students as a specific institution assignment. The general obligation to produce scholarly and creative works does not constitute a specific assignment for this purpose. The nature and extent of the use of institution resources shall be subject to institution regulations and shall be determined by the institution.

E. Other Efforts

Ownership rights to Intellectual Property developed under any circumstances other than those listed in this policy shall be determined on an individual basis and approved by the President of Macon State College or his or her designated representative. The nature and extent of inventor or creator participation in royalty income, however, shall be the decision of the institution.

Updated 10/10/2011