Intellectual Property Policy at the
University of Notre Dame

Administration of this Policy

DISCLOSURES
Persons to whom this policy applies have a duty to report, in a timely manner, all creations of intellectual property covered by this policy to the Committee on Intellectual Property using disclosure forms available from the Committee. They also are required to cooperate fully in steps necessary to legally protect the University's rights. Accordingly, all personnel covered by this policy will confirm in writing their obligation to comply with this policy and to disclose inventions or other covered intellectual property in a timely manner as prescribed by this policy. The failure to confirm these obligations in no way diminishes or extinguishes the rights of the University.

ASSIGNMENT OF RIGHTS
Upon request of the University, creators of intellectual property shall assign intellectual property rights to the University in accordance with the provisions of this policy. Intellectual property rights claimed by or otherwise retained by the University under this policy may be assigned, licensed, or otherwise transferred to a third party only with the prior written consent of the University.

COLLABORATION AGREEMENTS
In cases in which the University's rights and interests in intellectual property are shared with other institutions, organizations, or program collaborators, or when such entities agree to contribute to the evaluation, development, or exploitation of the intellectual property, the University may elect to enter into separate agreements to establish the means by which intellectual property rights will be protected and royalties will be distributed among the parties. Distribution of royalties to University employees will be governed by this policy. Royalties distributed to other parties (those not affiliated with the University) shall not be considered part of net royalty income under this policy.

GENERAL ADMINISTRATION
This policy is to be administered by the Office of the Vice President for Graduate Studies and Research with the continued advice and assistance of the Committee on Intellectual Property. The University shall be entitled to forward descriptions of intellectual property to internal and external evaluators for review and shall have the right to transfer ownership of the intellectual property.

No use of the name of the University in the promotion or sale of intellectual property, other than as a notation of the creator's employment status or affiliation with the University, is permitted without prior written approval of the University, whether the University has retained ownership of intellectual property or returned the rights to the creator. Requests for such approval shall be transmitted to the University through the Vice President for Graduate Studies and Research.

University Organizations Responsible for Intellectual Property Protection
OFFICE OF THE VICE PRESIDENT FOR GRADUATE STUDIES AND RESEARCH
This office administers the Intellectual Property policy for the University. Where actions or decisions in the policy are to be to taken by the University, this Office, with advice from the Committee on Intellectual Property and the Office of General Counsel where appropriate, will have ultimate responsibility. Any appeal of the actions or decisions may be made directly to the Provost. His or her determination, which shall be made with advice from the Committee on Intellectual Property where appropriate, shall be a final determination for the University.

UNIVERSITY COMMITTEE ON INTELLECTUAL PROPERTY
The Committee on Intellectual Property shall consist of 14 members, six who serve ex officio and eight who are elected members of the faculty. Of the latter:
- 1 is elected by the faculty of the College of Arts and Letters
- 1 is elected by the faculty of the Mendoza College of Business
- 1 is elected by the faculty of the School of Architecture
- 2 are elected by the faculty of the College of Engineering
- 2 are elected by the faculty of the College of Science
- 1 is elected by the faculty of the Law School.
The terms of the elected members are three years, except initially when they are arranged to provide staggering of terms. The ex officio members of this committee are the Vice President for Graduate Studies and Research, the Vice President and General Counsel, the Associate Vice President for Finance, the Dean of the College of Engineering, the Dean of the College of Science, and the Assistant Vice President for Research. The Vice President for Graduate Studies and Research serves as chairperson and the Assistant Vice President for Research as secretary of the committee.

The Committee advises the Vice President for Graduate Studies and Research on intellectual property matters generally and the disposition of rights in those intellectual properties referred to the Committee. The Committee is also responsible for periodically updating the procedures for implementing this intellectual property policy and proposing amendments to it. At the request of the Vice President for Graduate Studies and Research, the Committee will be available to assist in resolving conflicts of interest and in mediating disputes on matters related to intellectual property developed by members of the University community.

Once intellectual property has been disclosed to the University, the disclosure is provided to the Committee for review. The Committee may use internal University resources that it considers necessary to perform an adequate evaluation of the intellectual property. This internal review may be supplemented by an external review if considered helpful by the Vice President for Graduate Studies and Research. Along with its review, the Committee may recommend the steps to be taken to protect the intellectual property.

The creator(s) must be informed in writing within 6 months following the date of intellectual property disclosure of the action the University intends to pursue with respect to the intellectual property. The University may, at any time, elect not to pursue a patent or other legal protection at which time all University rights to the intellectual property may be released by the University to the creator(s) of the intellectual property at their request, subject to any restrictions imposed by grant, sponsor, or other requirements.

Intellectual Property Promotion Account
The University will establish and maintain an intellectual property promotion account for the payment of initial expenses for intellectual property promotion. The purpose of this account is to subsidize individual intellectual property accounts before such accounts produce income. As royalty income is received, repayment of the subsidy will be made to the promotion account. Once the subsidy has been paid in full for an item of intellectual property or for a grouping of such items, the distribution of net income will follow the guidelines for Royalty Distribution stated in this policy.

In addition, up to 15% of the University share of Royalty Distribution is to be added to the intellectual property promotion account in order to establish and maintain a minimum $150,000 balance.