Copyrights and Patents

A.  Overview

Inventor(s)/Author(s) must submit a completed UCF Patent Disclosure Form with appropriate accompanying materials to the Vice President for Research. 

B.   University Policies

This policy conforms to Florida Statute 240.229; to Article 18 of the Agreement between the Florida Board of Regents, State University System of Florida and the United Faculty of Florida; and to established policy and procedure at the University of Central Florida.  The University of Central Florida is authorized to:

1.   Perform all things necessary to secure letters of patent, copyrights, and trademarks on any work products and to enforce its rights therein.  The University shall consider contributions by University personnel in the development of trademarks, copyrights, and patents and shall enter into written contracts with such personnel establishing the interests of the University and such personnel in each trademark, copyright, or patent. 

2.   License, lease, assign, or otherwise give written consent to any person, firm, or corporation for the manufacture or use thereof, on a royalty basis or for such other consideration as the University shall deem proper.

3.   Take any action necessary, including legal action, to protect the same against improper or unlawful use or infringement.

4.   Enforce the collection of any sums due the University for the manufacture or use thereof by any other party.

5.   Sell any of the same and execute all instruments necessary to consummate any such sale.

6.   Do all other acts necessary and proper for the execution of powers and duties herein conferred upon the University.  Any proceeds therefrom shall be deposited and expended in accordance with s.240.241.  Any action taken by the University in securing or exploiting such trademarks, copyrights, or patents shall, within 30 days, be reported in writing to the State.

Employees of the University of Central Florida may procure copyrights, and receive royalties resulting therefrom, for the employee’s products provided (1) the idea came from the employee, (2) the products were the result of the employee’s independent labors, and (3) the University was not held responsible for any opinions expressed therein.  If the products were in any way supported by University funds, personnel, facilities, equipment, or materials, the employee shall report to the President or his designee, the employee’s interest in having the product copyrighted.

Whether or not the disclosure was developed independently or as part of employment, the employee must file a University Patent Disclosure Report.  The report format is available from OOR.

Within 30 days after receiving such report, the President will inform the employee whether the University seeks an interest in the copyright, and a written contract shall thereafter be negotiated to reflect the interest of both parties.  All such agreements shall comport with and satisfy any pre-existing commitments to outside sponsoring agencies, but the employee shall not commit any act which would tend to defeat the University’s interest in the matter and shall take any necessary steps to protect such interest.

Employees of the University of Central Florida shall disclose all patentable inventions and technological developments, which the employee may develop or discover while an employee of the University.  With respect to discoveries or inventions made during the course of approved outside employment, the employee may delay such disclosure when necessary to protect the outside employer’s interests, until the decision has been made whether to seek a patent.

All discoveries or inventions made outside the field in which the discoverer or inventor is employed by the institution and for which the University has provided no support may be the private property of the inventor.  The employee and the University may agree that the patent for any such discovery and invention be pursued by the University and the proceeds shared.

Except for discoveries or inventions made during the course of approved outside employment, a discovery or invention which is made in the field in which the investigator is employed by the University of by using University funds, facilities, materials, equipment, personnel or proprietary technological information, is the property of the University and the inventor shall share in the proceeds therefrom.

All assignments of or release of patent rights by the institution to the employee shall contain the provision that such invention and/or process, if patented by the employee, shall be available royalty-free for governmental purposes of the State of Florida.

The President of the University of Central Florida has named the Vice President for Research as his designee to implement this policy.  An appointed Copyrights and Patents Committee shall advise and assist the Vice President for Research in all matters pertaining to Copyrights and Patents at the University of Central Florida.

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