Copyright and Patent Policy
Loyola University New Orleans Handbook
Loyola University recognizes that, in the course of scholarly pursuits, members of the University faculty and staff may develop ideas and materials that are appropriately copyrighted and/or patented. The policies stated here are to serve as guidelines. If a member of the University faculty or staff wishes, an agreement with respect to a particular copyright or patent can be issued by the Vice President for Academic Affairs.
A. Copyright Policy
1. Members of the University faculty and staff who write articles and/or books are encouraged to seek and retain copyright ownerships of their works.
2. If the University directly supports the production of a copyrightable work through funding by the Academic Grant Fund, the University shall be reimbursed out of the royalties up to the amount of the University's direct support. The details of the reimbursement schedule are provided in the supporting grant letter.
3. Faculty and staff who produce copyrightable materials in the course of a project supported by an extramural grant or contract are bound by the copyright policies of the funding agency. Copyrights which must be registered in the name of the University will be transferred to the faculty or staff member upon request, if such transfer is permitted under the grant or contract.
B. Patent Policy
Loyola University recognizes the unique circumstances that are associated with the conception of an idea that can result in a patent. The ownership of the patent is governed by the following principles:
1. An invention, made by a member of the faculty or staff, where the facilities and support of the University are only incidental to the development of the idea, is the sole property of the inventor. Patents from such inventions should be administered so as to not involve Loyola University or its facilities. Inventor-owned patents or patentable concepts may, at the option of the inventor, be assigned to Loyola University in accordance with a specific agreement between the inventor and Loyola University.
2. Loyola University acquires ownership in an invention, provided such invention was made:
a. during a special research assignment funded by the Academic Grant Fund; or
b. during the course of regular research effort depending essentially entirely on University facilities and the faculty member receiving compensated time for research through a reduced teaching load; or
c. during the course of research funded extramurally where the funding agency permits the University to acquire ownership of patents.
3. Loyola University requires all members of the faculty and staff who receive compensation for research funded extramurally to comply with the stipulations regarding patent ownership as set forth in the grant or contract agreement between the funding agency and the University.
C. Research Corporation Agreement
Loyola University has entered into an agreement with the Research Corporation with respect to the application and administration of University owned patents. In this agreement, royalties are divided evenly between the two aforementioned parties; the Research Corporation bears all responsibility for the costs of obtaining and licensing of the patent. Seventy (70) per cent of the royalties received by the University from any patent will be distributed to the inventor, while the remaining thirty (30) per cent will be assigned to the Academic Grant Fund.
The faculty or staff member who has an apparently patentable concept should notify the Vice President for Academic Affairs so that a letter of formal understanding can be generated.
