{"id":17459,"date":"2019-05-17T15:47:40","date_gmt":"2019-05-17T19:47:40","guid":{"rendered":"https:\/\/www.bu.edu\/research\/?page_id=17459"},"modified":"2024-01-11T10:17:40","modified_gmt":"2024-01-11T15:17:40","slug":"intellectual-property-policy-and-agreement","status":"publish","type":"page","link":"https:\/\/www.bu.edu\/research\/collaboration-partnership\/otd\/programs\/intellectual-property-primer\/intellectual-property-policy-and-agreement\/","title":{"rendered":"Intellectual Property Policy and Agreement FAQs"},"content":{"rendered":"

Intellectual Property Policy<\/h2>\n

Boston University\u2019s Intellectual Property Policy,\u202feffective July 1, 2017, implements legal requirements and provides\u202fguidance for the management\u202fof\u202fintellectual property (IP)\u202fat BU, facilitating externally sponsored research and allowing members of the research community to make informed decisions about IP and technology transfer.<\/p>\nRead the Policy<\/a>\n

Intellectual Property Agreement<\/h2>\n

BU policies help set expectations, clarify processes, and apply broadly to the University community. To meet its legal obligations, BU requires faculty and staff to read, understand, and agree to the terms of BU\u2019s IP Policy as provided in that policy, via an electronic IP Agreement<\/a>. It also requires that any students involved in a BU research project do the same.<\/p>\n

<\/p>\n

Learn More<\/h3>\n

Read the June 3, 2019 memo<\/a> from Vice President and Associate Provost for Research, Gloria Waters.<\/p>\n

<\/div>\n

This IP Agreement replaces previous patent policy forms, covers all forms of intellectual property, and applies to both the Charles River Campus and the BU Medical Campus.\u202fPlease note that Boston Medical Center has a separate intellectual property policy. BU and BMC have an agreement that coordinates between these policies.<\/p>\nSign the Agreement<\/a>\n

\n

Frequently Asked Questions<\/h2>\n

Who Needs to Sign<\/h3>\n

Who needs to sign the agreement?<\/h3>
This is a University-wide policy that applies to all faculty and most staff (only excluding non-exempt and non-compensated employees). It also applies to students involved in University research.<\/div>\n<\/div>\n\n

Are students included in the required population that has to sign the IP Agreement?<\/h3>
Students who are involved in University research (including PhD candidates and students doing funded research) are included in the population that must sign the IP Agreement through Qualtrics, the software program being used to obtain acknowledgement confirmation of the IP Agreement electronically. Students in other programs and activities may need to sign the IP Agreement also \u2013 but they are not included in the electronic Qualtrics system. Students in these programs will be notified by their local programs to sign the agreement and may access the acknowledgement survey using this link: https:\/\/bostonu.qualtrics.com\/jfe\/form\/SV_0f7yhkR4TFXjmya<\/a>. Student employees can look for specific information on the Student Employment Office webpage. <\/div>\n<\/div>\n\n

Why do I have to complete the IP Agreement?<\/h3>
Most importantly, we are interested in creating an open community where all members are working under the same set of rules in relation to intellectual property to encourage a free exchange of ideas. Furthermore, federal regulations require that any research funded by the federal government have a formal patent policy in place. Also, many research contracts with industry have similar requirements. <\/div>\n<\/div>\n\n

I've signed BU's IP Agreement in the past. Do I need to sign it again?<\/h3>
No, you will not be required to re-sign the agreement. All previous signatures acknowledging agreement have been retained. Email prompts to sign the agreement will only be sent to individuals if they have not yet signed.<\/div>\n<\/div>\n\n

I've signed an IP policy for another institution with which I'm affiliated. Do I need to sign the agreement?<\/h3>
Yes, if you participate in Boston University research as described in BU\u2019s Intellectual Property Policy. There is no harm in signing the BU IP Policy, and it will only operate to your advantage under those circumstances when BU’s policy does apply. The policy states: \u201cIntellectual property created by faculty or staff, or by students working on University research or other University projects, is owned by the University if it is created either: (a) within the scope of University employment, including work under University grants and contracts with third parties; or (b) with significant use of Boston University Resources.\u201d If you have questions about your particular circumstances please contact research@bu.edu<\/a>.<\/div>\n<\/div>\n\n

I\u2019m faculty emeritus. Do I need to sign the agreement?<\/h3>
Yes, if you continue to participate in University research as described in BU\u2019s Intellectual Property Policy. There is no harm in signing the BU IP Policy, and it will only operate to your advantage under those circumstances when the policy does apply. The policy states: \u201cIntellectual property created by faculty or staff, or by students working on University research or other University projects, is owned by the University if it is created either: (a) within the scope of University employment, including work under University grants and contracts with third parties; or (b) with significant use of Boston University Resources.\u201d <\/div>\n<\/div>\n\n

Completing the Agreement<\/h3>\n

How do I sign?<\/h3>
You will need to sign the policy through Qualtrics, a software program being used to obtain sign-off of the IP Agreement electronically. You can access the Qualtrics survey through the web address https:\/\/bostonu.qualtrics.com\/jfe\/form\/SV_0f7yhkR4TFXjmya<\/a>, where you will be prompted to sign in with your Kerberos username and password. Once signed in, you will be able to read through the IP Policy Agreement before clicking the “Mark as read” button, and then signing your name exactly as you see it in the survey prompt on the next page.<\/div>\n<\/div>\n\n

Is the policy available as a PDF?<\/h3>
Yes, there is a PDF version of the policy available on the University Council website<\/a>. Its primary home is on the Office of the Provost\u2019s website<\/a>. However, all signatures must be completed via the Qualtrics survey<\/a>.<\/div>\n<\/div>\n\n

What is the recommended browser?<\/h3>
Google Chrome is the recommended browser. If you are having trouble accessing Qualtrics through Internet Explorer, please try Google Chrome. <\/div>\n<\/div>\n\n

Qualtrics & Data Security<\/h3>\n

What is Qualtrics?<\/h3>
Qualtrics is an online survey platform BU selected for our IP Agreement process. BU has a longstanding relationship with Qualtrics as a BU vendor and utilizes its capabilities routinely across our multiple campuses.<\/div>\n<\/div>\n\n

Is my data secure?<\/h3>
Access to Qualtrics is controlled through BU\u2019s Shibboleth, which provides secure, multi-organizational access to third-party resources across the University, Qualtrics just being one. Qualtrics does not store any confidential data \u2014 just the names and email addresses used for distribution.<\/div>\n<\/div>\n\n

What if I don\u2019t want to use Qualtrics to sign? Can I sign another way?<\/h3>
Unfortunately, no. Since the goal in using Qualtrics is to bring all agreements together in the same system, we cannot allow any exceptions to the process outlined above.<\/div>\n<\/div>\n\n

Administrative<\/h3>\n

My office used to have new faculty\/staff sign the IP Policy in paper form. Is that still necessary?<\/h3>
As soon as a new employee starts at BU, they will be prompted to sign the IP Agreement in Qualtrics. Signed forms in paper copy are no longer needed, so long as people fulfill this obligation in Qualtrics. Instead of having people sign paper forms, you will want to confirm that new staff has received an email prompt to sign the agreement and have agreed to the terms in the system. If you did not receive an email prompt, but your department requires you to sign the agreement, you may access the survey via Qualtrics<\/a>. <\/div>\n<\/div>\n\n

Policy Questions<\/h3>\n

What intellectual property does BU own?<\/h3>
The University intellectual property policy states: \u201cIntellectual property created by faculty or staff, or by students working on University research or other University projects, is owned by the University if it is created either: (a) within the scope of University employment, including work under University grants and contracts with third parties; or (b) with significant use of Boston University Resources.\u201d
\n<\/div>\n<\/div>\n\n

What intellectual property doesn't BU own?<\/h3>
Section IV.A.2 states that if the IP is created outside the scope of University employment and without any significant use of University resources, the creating individual owns the intellectual property.
\n<\/div>\n<\/div>\n\n

What if I create intellectual property outside of the scope of my responsibilities at BU?<\/h3>
Again, Section IV.A.2 of the IP policy states that if intellectual property is created outside the scope of University employment and without any significant use of University resources, the individual will own the intellectual property.<\/p>\n

<\/div>\n<\/div>\n\n

What about non-patentable intellectual property, like books, articles, and lectures?<\/h3>
The University recognizes and affirms the tradition in higher education that academic works such as books and articles, lectures, visual materials, and other teaching materials are owned by the faculty member authoring them rather than the employing educational institution, even if they otherwise come within the scope of Section 4.A.1 in the policy. Faculty ownership of such academic works may, however, be affected by the terms of agreements with third-party sponsors, or by agreements between faculty and the University with respect to special projects such as the creation of online courses or other digital education offerings. Use of such academic works is otherwise subject to the University\u2019s Conflict of Commitment Policy<\/a> and Policy on Faculty Involvement in University Digital Courses<\/a>.
\n<\/div>\n<\/div>\n\n

I have more questions about intellectual property at Boston University. Where can I get answers?<\/h3>
Learn more about intellectual property and bringing your ideas to market on the Office of Research website<\/a>. You can also reach out to Technology Development at otd@bu.edu<\/a>.<\/div>\n<\/div>\n\n

Other Questions<\/h3>\n