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Who owns the inventions and discoveries I create at Boston College?

Ownership depends on the resources that were used to develop an invention, as well as whether or not the invention was developed within the scope of University research or employment.

In general, per the Boston College Intellectual Property Policy, the University owns any invention which 鈥渞esults from activities related to an individual鈥檚 employment responsibilities or conducted with support, in whole or in part, from University-administered funds, facilities, or personnel, including student employees.鈥�

Ownership of tangible research property generally resides with the University.

Also, 鈥渢he University owns the copyright in any works created or developed through the use of Substantial Resources. These include any works to which there have been simultaneous or sequential contributions over time by numerous faculty, staff, or students.鈥�

However, the Policy states that Boston College generally does not own 鈥減edagogical, scholarly, or artistic works鈥� such as 鈥渢extbooks, refereed literature, and scholarly works created by students in the course of their education.鈥� The Policy also states that it generally does not own works developed by students during design and innovation courses, unless required by the course sponsor. The word 鈥済enerally鈥� does, of course, mean there are exceptions.

Anyone with questions about the IP ownership should contact OTTL for support.

How can I find out if Boston College owns my intellectual property?

If ownership cannot clearly be determined by reference to the Intellectual Property Policy, inventors or authors with questions about the ownership of their intellectual property can contact OTTL. This will require a robust and documented conversation which details who contributed to the work and what University resources were used, including facilities and staff. Final determination of ownership will be made by the University Vice Provost for Research.

Who owns the data and results of my research?

It is highly likely that the University owns the data and results of your research, though there may be exceptions. As an academic, you are free to share the results of your research with your collaborators with some restrictions, taking into account the national security concerns that relate to international collaborations and certain technologies. (Direct any security questions to exportcontrol@bc.edu.) Any transfer to a commercial company or other non-academic party should only be done under a license or confidentiality agreement, and OTTL can help prepare that.

Who owns software created at Boston College?

Per the Intellectual Property Policy, software created under a specific grant or research program is owned by the University, and other works which are created over time from the contributions of numerous faculty, staff, or students or with the assistance of University offices (such as the Center for Digital Innovation in Learning) are also University owned. Because the Vice Provost for Research is responsible for making all determinations of copyright ownership, authors are encouraged to consult OTTL with regards to the ownership of their work.

Who owns the copyright on my course materials?

Most course materials are the original scholarship of faculty and so remain faculty owned, but the Boston College Intellectual Property Policy places special emphasis on the University鈥檚 obligation to steward these materials and states that 鈥渢he University has a significant interest in protecting its right to determine the method and manner in which its educational programs and courses are offered to the public.鈥� Accordingly, faculty are obligated to consult with their Dean and with the Provost to seek approval for the dissemination of course materials and are encouraged to contact OTTL for support.

Who owns the curriculum that I create?

Generally speaking, faculty own their own course materials, but the University takes special interest in websites and other electronic resources that may have been created with support of University resources such as the Office of Instructional Design or eTeaching Services, and those may be University-owned. Also, Boston College policy requires faculty to seek approval from the Provost and Provost鈥檚 Office for the distribution of course materials. Any questions about distributing course materials to third parties should be directed to OTTL.

Who owns the tangible research property created at Boston College?

Generally, tangible research property created during University research is owned by Boston College, and all transfers or exchanges of tangible research property should be managed in coordination with OTTL.

Who owns the inventions and discoveries I create while consulting?

Boston College does not claim ownership of inventions which are 鈥渦nrelated to an individual鈥檚 employment responsibilities and...developed without University funds, resources, or facilities.鈥� A proper consulting engagement avoids use of University resources, to avoid inserting the University into the consulting relationship. Accordingly, ownership of intellectual property developed during a consulting engagement will be determined by your consulting agreement.

Any faculty or staff member with concerns about the IP terms of a consulting agreement should reach out to OTTL for guidance on adhering to University policies.

What is an invention disclosure?

An invention disclosure is a written and signed statement that reports the inventors or authors and funders or supporters of a particular work or invention, and which details the work or technology with specificity. The invention disclosure form also asks inventors to think about potential commercialization or distribution partners as well as what work might be required to develop a technology into a commercially viable product.

The purpose of the invention disclosure is to allow OTTL to track obligations to funding partners and third parties, and also to track individuals and their departments for revenue distributions. In the case of a technology, the invention disclosure often allows OTTL to evaluate patentability.

Why does OTTL require an invention disclosure for my intellectual property?

Most research funding agreements obligate the University to report intellectual property that is developed during a scope of work, most notably the federal government, so the disclosure form is often a condition of funding. Also, OTTL is obligated to maintain a record of the University鈥檚 intellectual property assets, and a disclosure allows the office to do that and to give proper credit to the inventors and departments which supported the development of a particular piece of intellectual property. Finally, in the case of intellectual property which is going to be commercialized, the invention disclosure functions as an agreement among the inventors of how they will divide the revenues received from University license agreements.

When do I need to submit an invention disclosure?

As soon as possible. In the case of a potentially patentable invention, an invention disclosure should be submitted as soon as data is available, and well in advance of any public disclosure (manuscript submission, conference presentation, or other public display of the invention) to allow OTTL to seek maximum patent protection. Also, federal grants require Universities to disclose federally funded inventions within two months, and most other sponsored research agreements require prompt reporting of inventions.

In the case of a copyrightable work or other intellectual property, an invention disclosure should be submitted when you鈥檙e considering transferring the work to a third party, or beginning related conversations.

What is a public disclosure?

A public disclosure is any non-confidential communication about the details of your invention to a third party - such as a manuscript submission, poster presentation, conference talk, or even a non-confidential conversation - and it can jeopardize your ability to seek foreign patent protection. OTTL can help prepare confidentiality agreements to avoid public disclosure. Inventions should always be reported to OTTL well in advance of a public disclosure.

Can I publish the results of my research before I file an invention disclosure?

As an academic institution, the University鈥檚 primary aim is the publication of research and, per the University鈥檚 Intellectual Property Policy, 鈥渢he right of employees to publish the results of research remains inviolate, subject only to the terms of a grant or [sponsored project agreement] funding the work.鈥�. That being said, patent law prevents inventors from filing patent applications in most foreign jurisdictions if an invention was publicly disclosed before a patent application was filed. Therefore, OTTL, and the University鈥檚 Intellectual Property Policy, encourages inventors to submit an invention disclosure as early as possible before submitting a manuscript for publication.

Should I list contributors from another institution on my invention disclosure?

Each person who made a contribution to the conception and reduction to practice of an idea should be listed as an inventor. If a researcher from another institution made an inventive contribution, OTTL will work with that institution to determine how the institutions can partner to protect and license that invention. Be warned that the failure to properly credit inventors can be grounds to invalidate a patent.
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