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1. PURPOSE
   
   This policy establishes guidelines for inventions, improvements, and discoveries resulting from the work of Gonzaga University faculty, administrators, staff, students, research associates, visiting scholars, and anyone employed by the University.
   
   The University's main interest in research is training future scientists and engineers, and promoting new knowledge and understanding for the general benefit of humankind - not to financially benefit from inventions. However, marketable inventions or discoveries may result from University research activities. In such cases, it is in the best interest of the inventor, the University, and the public that a patent be applied for and obtained, if possible, as outlined in this policy.
   
   
2. PATENTABLE INVENTIONS
   
   
   1. Preamble: Gonzaga University considers and, where appropriate, assists in patenting and commercially developing any discovery or invention accomplished with University support. This policy encourages creative intellectual effort, furthers the advancement of knowledge for the public benefit, protects the respective interests of all parties involved, and assists the inventor and the University in realizing tangible benefits from inventions, improvements and discoveries.
      
      
   2. Applicability of the Policy: This policy applies to all inventions, improvements and discoveries, whether patentable or not, which are conceived or reduced to practice through research and development supported by University-owned or administered funds, equipment, facilities, materials, or services. Such inventions, improvements and discoveries are referred to as "University inventions," and the term "inventor" refers to Gonzaga University faculty, administrators, staff, students, research associates, visiting scholars, or anyone employed by the University.
      
      Inventions resulting from an inventor's efforts on his or her own time and without the aid of University facilities and/or equipment are the inventor's sole property. The University does not claim any rights to inventions resulting from outside duties, or use of University facilities and/or equipment.
      
      
   3. Disclosure of Inventions: As soon as reasonably possible, the inventor will disclose in writing his or her invention to the dean of his or her academic area. The dean will inform the Academic Vice President, who will convene the Patent Committee. The Dean of the College of Arts and Sciences and the Dean of the School of Engineering are ex-officio members of the Patent Committee, and will annually alternate the Chairperson ship of the Committee. Other Committee members are one trustee appointed by the Chairperson of the Board of Trustees for a three-year term, one regent appointed by the President of the Board of Regents for a three-year term, and three faculty elected by the Faculty Assembly for staggered three-year terms. The Committee must be kept fully informed, in writing, about the progress of research and development of an invention. Committee decisions will be in writing and a copy forwarded to the inventor.
      
      
   4. Ownership and Disposition of Inventions: As to each University invention, the Committee shall decide whether
      
      
      1. the invention will be submitted to Research Corporation Technologies or to another similar non-profit organization for patenting, marketing, etc., subject to the reservation of agreed upon rights, and upon acceptance, assigned and transferred to such organization;
         
         
      2. the invention will remain in the University's ownership. If patents are applied for by the inventor at the University's expense and if a patent or patents are granted, the inventor will assign the patent or patents to the University for administration.
         
         
      3. the invention will be released to the inventor who may apply for a patent at his or her own expense. Under this alternative, the inventor shall grant to the University a royalty-free, irrevocable, non-exclusive license to make or use the invention for its own purposes.
      
      
      Depending on the circumstances of each case, all Patent Committee decisions will be made promptly. If the Committee fails to act within six months of the original disclosure notice, it will be presumed that the Committee determined that the invention will be released to the inventor who may apply for a patent at his or her own expense.
      
      
   5. Distribution of Royalties from Inventions: To recognize the inventor's meritorious services and to encourage basic and applied research, Gonzaga University will share the proceeds from patents with the inventor. The inventor or inventors will receive sixty percent of the net royalties received by the University, and the University will retain forty percent. The University's share will be maintained in a separate account dedicated to the support of research. In each instance of receipt of net royalties, one-half of the University's share will be allocated to the inventor's department. Net royalties are defined as the total proceeds the University receives from marketing and selling the invention less expenses incurred by the University, including patent and/or litigation costs, consulting and professional fees, commissions paid to others, travel expenses, telephone and reproduction costs, and any other identifiable expenses.
      
      If the inventor receives release time from his or her regular duties to work on the invention, a separate agreement for the distribution of royalties will be entered into and signed by the University and the inventor. This agreed distribution may vary from the formula stated in the preceding paragraph.
      
      
   6. Sponsored Research: If the research and development is financed jointly by the University and one or more third parties, or solely by one or more third parties, the University and the principal investigator (inventor) will confer with the third party or parties concerning a mutually satisfactory agreement regarding ownership, licensing, royalties, and use of any results from the work. Most agreements provide that the University will take title to inventions and will grant certain license rights to the sponsor.
      
      
   7. Resolution of Disputes: Any inventor requesting an exception to this policy or challenging a patent decision made by the Patent Committee on behalf of the University may appeal to the Academic Vice President. The appeal must be in writing and may be submitted by the inventor as argument in opposition to the Committee's report. A copy of the inventor's written argument will be submitted to the Committee, and the Committee may submit a written answer to the inventor's argument. If the Committee submits such answer, the inventor will be given the opportunity to respond.
      
      The Academic Vice President will establish a time schedule for filing the documents in the appeal process. Such schedule will be strictly adhered to unless the Academic Vice President grants an extension or extensions.
      
      The Academic Vice President's decision on the appeal will be final and will be explained in writing to the inventor.
   
   
   
3. EFFECTIVE DATE, AMENDMENTS AND REVISIONS
   
   The Patent Committee will review this policy at least every five years, or more frequently by request of the President or the Academic Vice President. Before taking effect, revisions recommended by the Committee must be approved by the Academic Vice President, the President and the Board of Trustees.