Preamble
The mission of New York University (“NYU” or the “University”) includes the provision and promotion of education and research and the provision of patient and other clinical services. This mission is supported by well-established academic values and practices, including, among others: academic freedom; promotion of excellence and innovation in teaching and research; support of the ability of faculty and research staff to publish, share information, collaborate in research activities, innovate and develop technologies that benefit the public; and support of students in full participation in these and other educational activities.
This Statement of Policy on Intellectual Property includes a Patent Policy, a Copyright Policy, and a Tangible Research Property Policy. It replaces the University’s Statement of Policy on Patents, as approved on November 26, 1956 and amended through December 12, 1983; the Statement of Policy on Copyrights, as approved on January 24, 1972; the Statement of Policy on Computer Software Copyrights, as approved on June 5, 1989; and the Policy on Tangible Research Property, effective March 1, 2010. This Statement of Policy is subject to change at any time and from time to time, with the approval of the Board of Trustees of the University.
In certain cases, Inventions may be closely associated with non-patentable Copyrightable Works and/or Tangible Research Property and/or Research Data. Unless otherwise determined by the Provost (the Executive Vice President for Health in the case of the Schools of Medicine, Dentistry and Nursing), the Patent Policy applies to non-patentable Copyrightable Works and/or Tangible Research Property and/or Research Data closely associated with an Invention.
This Statement of Policy on Intellectual Property should be considered together with other pertinent NYU policies, including the NYU Policy on Academic Conflict of Interest and Conflict of Commitment, the NYU Policy on Retention of and Access to Research Data, the Guidelines for Sponsored Research, and the Statement of Policy on Photocopying Copyrighted Materials, which are available at www.nyu.edu/about/policies-guidelines-compliance.html.
This policy applies, among other things, to all research and other sponsored projects conducted by or under the auspices of NYU, whether funded by a US sponsoring agency, NYU or another funding source. It is the policy of NYU to comply with requirements imposed by a US sponsoring agency and by US law, including but not limited to the Bayh-Dole Act, and with requirements to which NYU has duly entered into or agreed to in connection with other funding sources and collaborators. This policy is believed to be in compliance with applicable US sponsoring agency requirements and US law. To the extent there is any issue about whether this policy wholly complies with applicable US sponsoring agency requirements and US law or with requirements to which NYU has agreed in connection with other funding sources and collaborators, it is to be interpreted to assure compliance. Additionally, research must be conducted in accordance with NYU policies, including this policy and the policies of a relevant School. Each member of the University Community is responsible for assuring his or her compliance with the requirements applicable to such person’s specific research and other sponsored projects.
Certain defined terms used throughout this Statement of Policy on Intellectual Property are set forth in Appendix A.
The electronic version of this policy will, from time to time, be accompanied by “Frequently Asked Questions,” which provide further guidance regarding a variety of practical situations.
