Statement of Policy on Intellectual Property
List of Contents
II. Scope and Applicability
III. Ownership of Inventions
IV. Outside Consulting Activities
V. Commercialization of Inventions
VI. Transferring Ownership of Invention to the Inventor
VII. Making NYU-Owned Inventions Available for Public Use
VIII. Administration of Policy
X. Scope and Applicability
XI. Ownership and Use of Copyrightable Works
XII. Outside Consulting Activities
XIII. Commercialization of Copyrightable Works
XIV. Transferring Ownership of Copyrightable Works to the Creator
XV. Making NYU-Owned Copyrightable Works Available for Public Use, including Through Open Source Licensing
XVI. Administration of Policy
Tangible Research Property Policy
XVIII. Scope and Applicability
XIX. Ownership of TRP
XX. Outside Consulting Activities
XXI. Commercialization of TRP
XXII. Transferring Ownership of TRP to the TRP Creator
XXIII. Making NYU-Owned TRP Available for Public Use or Non-Commercial Purposes
XXIV. Transfer in the event a Principal Investigator Leaves NYU
XXV. Administration of Policy
Appendix A: Definitions
Appendix B: University Intellectual Property Agreement
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.
This Statement of Policy on Intellectual Policy comprises a Patent Policy, a Copyright Policy and a Tangible Research Property Policy. The Patent Policy guides the University Community in disclosing and managing inventions made at or under the auspices of NYU in a manner consistent with NYU’s commitment to the public good, including: promoting research and scholarship, and facilitating the development, dissemination and commercialization of its inventions. The Copyright Policy identifies the situations in which copyrightable works may be created at or under the auspices of NYU, defines ownership and license rights for such works, and expresses NYU’s commitment to disseminate and commercialize its copyrightable works consistent with the public good. The Tangible Research Property Policy addresses the ownership, distribution and commercialization of tangible items produced in the course of NYU’s research, clinical or other activities, consistent with the public good.
This policy applies to all members of the “University Community.” As used in this policy, “University Community” means: NYU faculty, including visiting faculty; researchers, including persons participating in research at or under the auspices of NYU; employees; professional staff, including medical, dental and nursing staff; volunteers; fellows, trainees and post-doctoral appointees; students; and any other persons involved in the creation of Inventions, Copyrightable Works and/or Tangible Research Property at or under the auspices of NYU, including consultants, vendors and contractors, irrespective of the source of funding for the creation.