Policies & Compliance

Research Related Regulations, Policies & Procedures

10.1 Patents, Copyrights, and Technology Licensing

The University manages the protection, licensing, and commercialization of intellectual property (IP) through the Technology Licensing Office. This office is responsible for patenting, copyrighting, licensing, and other IP protection activities arising from University research and scholarship.

In general, intellectual property developed by University employees in the course of their employment or using University resources is owned by the University, subject to applicable policies and sponsor requirements. This includes inventions, know-how, data, laboratory notebooks, and related materials. Certain categories of copyrightable works - such as scholarly publications - are governed by specific University copyright policies and may remain the property of the author.

Because IP issues can affect publication, collaboration, and commercialization opportunities, investigators are strongly encouraged to consult the Technology Licensing Office early whenever intellectual property may be involved.

Technology Licensing also reviews patent, copyright, data-use, and confidentiality clauses in research agreements and related documents, including non-disclosure agreements, as appropriate. Guidance on whether an agreement should be coordinated through the Office of Sponsored Projects or the Technology Licensing Office is available on the Confidential Disclosure Agreement resource page.

10.1.1 Intellectual Property Fundamentals

The development and protection of intellectual property is a complex and specialized area of law and practice. University researchers benefit from the open exchange of ideas, yet the University seeks to protect certain discoveries to ensure they can be responsibly developed and applied for public benefit.

Key reasons for protecting University innovations include:

Commercial development: Technologies disclosed without protection are less likely to be developed into products or services, as commercial partners are often unwilling to invest substantial resources without legal protections.
Public and economic impact: Protecting and licensing innovations supports economic development and helps ensure that discoveries contribute to societal needs.
Research sustainability: Many industry collaborations and translational funding opportunities require that resulting technologies be protectable.
Responsible stewardship: Early protection helps preserve options for publication, collaboration, and future commercialization.

Investigators play a critical role in this process. Public disclosure of a discovery - through publications, presentations, or informal sharing - may limit or eliminate patent rights. When in doubt, investigators should treat potential discoveries as protectable and consult the Technology Licensing Office before public disclosure.

10.1.1.1 Patentable Subject Matter

An invention may be patentable if it involves a new and useful material, process, use, or improvement, including:

New materials: Devices, manufactured products, chemical compositions, or biological substances;

New processes: Methods or techniques that produce useful results, even if the resulting product is known;

New uses: Novel applications of known materials or devices; and

Improvements: Enhancements that increase efficiency, performance, or functionality of existing inventions.

Because patentability depends on legal criteria and factual details, the Technology Licensing Office should be consulted to assess whether a discovery may be patentable.

10.1.1.2 When an Invention Occurs

Under patent law, an invention is generally considered to exist when:

The invention is conceived (the idea is fully formed); and
The invention is reduced to practice, either:
- by demonstrating that it works ("actual reduction to practice"), or
- by sufficiently describing it in a patent application so that a knowledgeable person could implement it ("constructive reduction to practice").

Physical prototypes are not always required, but the invention must be shown to be operable.

10.1.1.3 Inventorship

Inventorship is a legal determination, distinct from authorship of publications. Only individuals who contributed to the patentable elements of an invention are inventors under U.S. patent law.

Incorrect inventorship - either omitting or including individuals improperly - can invalidate a patent. For this reason, determinations of inventorship are typically made in consultation with patent counsel.

When submitting an invention disclosure, all contributors should be identified. Final inventor listings may differ from preliminary disclosures following legal review.

10.1.2 Copyrights

Copyright provides protection for original works of authorship fixed in a tangible form, including literary works, software, artistic works, designs, audiovisual content, and digital materials. Copyright protection is automatic upon creation.

University copyright policy distinguishes between different categories of works. Faculty typically retain ownership of scholarly works, such as journal articles, while the University may claim ownership of works created using substantial University resources.

Copyrighted works that arise from sponsored or University research activities must be disclosed to the Office of Technology Licensing using the appropriate disclosure process.

10.1.3 Confidential and Non-Disclosure Agreement

The University has a responsibility to protect proprietary or confidential information belonging to external collaborators. This protection is typically accomplished through confidentiality or non-disclosure agreements (NDAs) or through confidentiality provisions in sponsored research agreements.

As a public institution, the University is subject to the Utah Government Records Access and Management Act (GRAMA). To be protected, sponsor-owned confidential information must:

be provided in written form; and
be clearly and appropriately marked as confidential before the University accepts it.

Only authorized University signatories may execute NDAs on behalf of the University. NDAs are signed only when doing so serves a clear University interest, such as enabling sponsored research, licensing discussions, or collaborative development.

Faculty or staff may sign NDAs in a personal capacity when acting as private consultants, provided there is no implication that the University is a party to the agreement.

A designated responsible individual must oversee compliance with each NDA and is accountable for ensuring proper control of confidential information, including:

Understanding the terms of the agreement;
Ensuring access is limited to authorized individuals;
Maintaining records of who has accessed the information;
Properly labeling, storing, securing, and disposing of confidential materials; and
Coordinating with the Technology Licensing Office to protect any potentially patentable discoveries arising under the agreement.

All University personnel with access to confidential information are required to comply fully with the terms of applicable NDAs.

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