Intellectual Property Policy at the
University of Notre Dame

Approved by Provost Advisory Council January 27, 2003

Policy Statement
The University of Notre Dame, as an institution of higher learning, has two primary aims: to share existing knowledge with its students and to engage in research and scholarly activities. The products of scholarly and research efforts often have far-reaching and social implications. These products may, therefore, be of benefit to the individuals involved, to the University, and to society. This policy governs the protection and administration of intellectual property developed in support of the University's mission.

As used in this policy, the following definitions apply:
"University Research" means any research or development activity which is undertaken in connection with an externally funded project, or which is related to duties and responsibilities for which a person is compensated by the University, or which is conducted with substantial use of University facilities, or resources.

"Creator" means any inventor, developer, author, or creator of intellectual property covered by this policy.

"Educational Materials" means the content and associated tools and technologies for delivery of content, including materials developed for traditional "face to face" classroom courses, as well as other delivery methods such as Internet web-based delivery or other distance learning media. For the purposes of this Policy, Educational Materials do not normally include works such as textbooks, articles, papers, scholarly monographs, or artistic works produced in the normal course of academic scholarship.

"Substantial use of University facilities or resources" means the utilization of University facilities, equipment, personnel (including graduate students), or other resources beyond that which is normally provided to carry out one's assigned duties. For instance, normal use of assigned office space, office equipment, library resources, or administrative staff would not be considered "substantial use."

It is the policy of the University of Notre Dame, subject to the exceptions contained herein, that the University claims the exclusive right to all intellectual property arising from University Research. Creators of intellectual property have an obligation to disclose intellectual property in the manner prescribed within this policy, to assign intellectual property rights to the University, and to assist the University in legally protecting the intellectual property. The University and the creator share in any royalty income resulting from the intellectual property as described in this policy.