Intellectual Property Rights Policy

Excerpts from the Faculty Handbook, Fall 2010)

Intellectual property is defined as any new and useful process, machine, composition or matter, life form, article of manufacture, software, copyrighted work or tangible property. It includes such things as new or improved devices, circuits, chemical compounds, drugs, genetically engineered organisms, data sets, software, musical processes or unique and innovative uses of existing inventions. Intellectual property may or may not be patentable or copyrightable. It is created when something new orĀ  useful has been conceived or developed, or when unusal, unexpected or non-obvious results, obtained with an existing Invention, can be practiced for some useful purpose. One or more individuals, each of whom is to be an Inventor, must have conceived of an essential element or have contributed substantially to its conceptual development, can create Intellectual Property.

The Vice President and General Counsel is the final arbiter of any disputed issues related to intellectual property, or the interpretation of this policy. Any such disputed issues should be referred to the Vice President and General Counsel, whose decisions regarding such disputes shall be considered. In the event that circumstances not covered by this policy arise, the Vice President and General Counsel may authorize exceptions to the normal procedure. The vision for Hampton University technology licensing is two-fold. The first is to facilitate the transfer of technology at Hampton for public use. The second, where consistent with the first, is to provide an additional source of unrestricted income to support research at Hampton. The Office of the Vice President and General Counsel (VPGC) will work with the Hampton developers of technology and with industry. However, it will do so in a manner that does not interfere with the normal flow of technical and academic information through publications, conferences and consulting.

The VPGC is responsible for negotiation, execution and administration of all Hampton agreements with external sponsors of research grants and contracts and for ensuring that the rights of the sponsors in technology developed under external grants and contracts are protected. VPGC personnel are available to assist all principal investigators and sponsored program administrators in the negotiation and interpretation of intellectual property terms of grants and contracts. Research priorities will have precedence over technology development priorities. Thus, no grant or contract terms are to be accepted which inhibit the utilization by the public of the results of the research at Hampton. In unclear situations or where there appears to be a conflict between the priorities, the Vice President and General Counsel will be the final arbiter.

Researchers are urged to review the full text of the Intellectual Property Rights Policy in the Faculty Handbook.