3. Intellectual Property
Principle
The Iowa State University Research Foundation, Inc. (ISURF), on behalf of Iowa
State University (ISU), retains ownership of intellectual property invented or
created by ISU employees. As a public institution, ISU is committed to the
transfer of innovations from the university to the public to be used for the
benefit of society.
ISU is guided by the Internal Revenue Code for all sponsored activities and the
principles of the Bayh-Dole Act for projects supported in whole or in part by
agencies of the Federal government. For projects supported by non-Federal
sources, ISU is mandated by the Iowa Board of Regents, under the patent policy,
to manage intellectual property in a manner consistent with the Bayh-Dole Act.
Guidelines
The objectives of ISU’s intellectual property policies are to manage inventions
and other innovations in the best interests of the university, the public, the
inventor/creator, and the sponsor. Intellectual property includes any
invention, discovery, technology, scientific or technological development,
computer code, copyrightable work, integrated circuit mask work, trademarks,
service marks, trade secrets, and tangible research property (e.g. germplasm,
vectors, software, and new material samples).
Appropriate intellectual property language in sponsored agreements is necessary
to allow the timely review and protection of any intellectual property and
permit public disclosure of results without undue delay. The Office of
Sponsored Programs Administration (OSPA) consults with the Office of
Intellectual Property and Technology Transfer (OIPTT) in developing and
negotiating intellectual property language within sponsored agreements. The
interests of the sponsor in intellectual property may be met by providing an
option to negotiate a license to the resulting intellectual property. The
option language provides a specified time period for the sponsor to review the
intellectual property and make a determination as to their interest in
negotiating a license.
ISU does not claim any rights to Sponsor’s proprietary information or materials
and works with each Sponsor to ensure specific needs are met. Please refer to
the Confidentiality and Material Transfer sections for additional information.
ISURF, on behalf of ISU, retains ownership of intellectual property invented or
created solely by legal inventors and authors who are employed by ISU or, as a
result of collaborative efforts, jointly with other legal inventors and authors
not employed by ISU. OIPTT in collaboration with ISURF, is the ISU office
responsible for marketing and licensing intellectual property and for reviewing
intellectual property language within sponsored agreements.
Neither ISU nor ISURF claims copyright rights to traditional scholarship
produced without significant university support.
The employee’s obligation to assign intellectual property to ISURF, for the
benefit of ISU, can be found in the Faculty Handbook, the Office Procedure
Guide, and the "GoldSheet" signed by faculty in acceptance of sponsored
funding.
Please refer to the intellectual property handbook for additional information (
www.techtransfer.iastate.edu/ ). Additional information regarding the
legal basis for ISU’s intellectual property position may be found at
www.techtransfer.iastate.edu.