- The following is the Office of Research & Commercialization's
(ORC) standard contract language regarding Intellectual
Property:
Inventions made solely by [Company] faculty and staff under this Agreement will be solely owned by the [Company]. Inventions made jointly by faculty and staff of both [Company] and UCF will be owned jointly by [Company] and UCF, who agree to jointly determine patent filing and licensing. Inventions made solely by UCF faculty and staff will be solely owned by UCF. All persons who perform any part of the work under this Agreement and who may be reasonably expected to make inventions, including screening compounds or materials synthesized, must be covered by this Agreement.
The parties agree that any existing background intellectual property and/or inventions and technologies of a Company, University and Investigator existing prior to the execution of this Agreement are their separate property, respectively, and are not affected by this Agreement. Neither party shall acquire any claims to or rights in any background intellectual property and/or technologies in existence prior to the execution date of this Agreement.
"Background Intellectual Property" means individually and collectively all inventions, improvements and/or discoveries, patentable or unpatentable, copyrightable or uncopyrightable, including but not limited to mask works, computer software, both object and source code, data bases and works of Authorship, which were in existence, prior to the execution date of this Agreement. For the purposes of this Section, the "Making" of inventions shall be governed in accordance with 35 USC Section 101 et seq.
- Each UCF employee is bound by the Collective Bargaining agreement to complete and submit a UCF Invention Disclosure form to the Technology Transfer Office, the respective deans, and chairpersons for:
- All inventions made in the general field or discipline of the employee, including any invention conceived on university time using UCF funds, facilities, proprietary information, or technical expertise.
- All inventions made during the course of funded research
- All inventions made outside the field or discipline in which the employee is employed by UCF and for which no university support has been used. Generally, this last type of invention is the property of the employee. However, the VP for Research or his/her representative may determine that the patent for such an invention be pursued by the university and proceeds shared.
- Contract Managers will coordinate with the Technology Transfer Office in instances where the PI or Co-PI of a funded research contract have developed Intellectual Property (IP).
- All Agreements concerning disposition of IP will be submitted the General Counsel's Office for legal approval.
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