Intellectual Property Policy at OSU

OSU Policy and Procedures No. 1-0202 (OSU IP Policy) governs the ownership of intellectual property developed by employees and students at OSU. A University Intellectual Property Screening Committee (UIPSC) composed of faculty and staff members for the terms as set forth in the OSU IP policy act as an authority to decide whether the university has a proprietary interest in the disclosed intellectual property (IP). All invention disclosures that the university/Office of Technology Commercialization receives are referred to UIPSC for a determination of proprietary interests therein under the provisions of OSU’s IP Policy. The following is not applicable to copyrightable work. For information regarding ownership of copyrightable work, refer to section 7 of the OSU Policy and Procedures No. 1-0202. 

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For Faculty and Staff

University Owned IP

• IP developed as a direct result of the Creator’s employment, appointment, or association with the university

• IP developed on university time or with more than incidental use of University Resources

• IP developed from work funded by direct or indirect financial support provided by the university, including support or funding from any outside source awarded to or administered by the university (e.g., a sponsored research agreement)

Faculty/Staff Owned IP

• IP developed which is unrelated to an individual’s employment, appointment, or association with the university

• IP conceived, created, or developed on their own time without the use of University Resources

• IP that is conceived, created, or developed in the course of or resulting from an individual’s permissible outside professional activities that is unrelated to the individual’s employment, appointment, or association with the university

Joint ownership of IP between University and Other entities

• If a third-party inventor contributes to an invention, ownership rights might be shared with OSU and such a third party

 

For Students

University Owned IP

• IP developed in the course of the student’s university employment (e.g., GRA)

• IP developed with more than incidental use of University Resources

  • A student’s use of University Resources for purposes of a particular class or project will not be considered “more than incidental” unless such use exceeds that which is customarily provided to students in the same or similar classes or projects.

• IP developed jointly with another individual (e.g., faculty or staff) who has a duty to assign IP to OSU

• IP developed with a requirement to assign the IP to the university or a third party as a condition of taking the class or participating in a project

Student Owned IP

• IP developed on their own without or incidental use of University Resources

• IP developed using donor funds designated to support university academic programs and student business development.

 

University Resources

University Resources refers to:

• University Funds, direct or indirect financial support provided by the university, including support of funding from any outside source awarded to or administered by the university; and

• Space, factilities (other than libraries), equipment or materials, and/or other resources provided by or through the university, unless otherwise excluded as "acceptable use" in the IP policy or other University policy

 

When to Disclose IP?

• All IP covered by the IP policy must be disclosed to the Office of Technology Commercialization before public disclosure, such as publications or sales.

• In addition, IP resulting from outside professional activities must be disclosed if such activities are for

  • (a) a private, for-profit entity in which an individual holds equity or has any other financial interest; or

  • (b) an entity in which the individual has a management role; or

  • (c) an entity holding a license or other interest in University Intellectual Property created by such individual