Intellectual Property (Patent) Policy
| Applies to: | Original Policy Date: | Date of Last Review: | Approved by: |
|---|---|---|---|
| All faculty, staff, students, visiting scholars, and affiliates involved in university activities | 05/06/2026 | 05/06/2026 | Dr. John Nicklow, President |
Policy Owner: Office of Sponsored Programs (OSP)
Policy Purpose
Florida Institute of Technology ("the University") is committed to fostering an environment where creativity, discovery, and innovation are encouraged and celebrated across our entire community, including faculty, staff, students, visiting scholars, and collaborators ("Creators").
This Intellectual Property (Patent) Policy exists to support Creators at every level by offering Creators clear guidance and fair recognition, including a 50% share of net revenue for Creators and a collaborative process that helps ideas progress from concept to impact.
The Policy is designed to provide clarity in how potentially patentable intellectual property is disclosed, evaluated, protected, and, when appropriate, commercialized. The University's goal is to partner with Creators, helping them navigate the patent process and pursue opportunities that advance both the Creator's work and the University's mission.
Policy Scope
This Policy applies to Intellectual Property (IP) developed by university employees, students, and affiliates when their work involves university resources, support, or sponsored activities. The Policy also applies to visitors and collaborators who engage in research or creative work using University facilities or resources.
The intent is to ensure clarity, consistency, and mutual understanding not to restrict creative activity. Exceptions may be made when IP is developed independently and without "Substantial Use of University Resources" or outside the individual's employment or sponsored research responsibilities Creators.
This Policy does not apply to traditional academic or creative works, such as scholarly publications, instructional materials, or artistic creations, which are addressed under the University's Copyright Policy.
Definitions
- Academic Engagement: Participation in University-supported educational or research activities, including coursework, supervised projects, sponsored research, and work using University resources or facilities.
- Affiliate: Any individual or entity formally associated with the University who is not an employee or currently enrolled student (e.g., visiting scholars, postdoctoral researchers, contractors, consultants, or volunteers who use University resources or participate in University programs).
- Intellectual Property (IP): Inventions, discoveries, proprietary materials, know-how, trade secrets, and other patentable or potentially patentable subject matter, including software containing patentable features.
- Creator: The individual(s) who conceive, develop, or reduce to practice an invention or other patentable IP. This may include faculty, staff, employees, students, visiting scholars, affiliates and collaborators.
- Scope of Employment: Responsibilities an employee is hired or expected to perform, including research, teaching, service, and related to professional activities.
- Substantial Use of University Resources: Non-routine, material support beyond ordinary office/library/computing access. Non-exhaustive list of examples: dedicated lab time; faculty, employees or University affiliates advisement; use of specialized equipment; university funding explicitly applied to the work; or custodial or administrative support provided at above-normal levels. (Ordinary use, such as an office, routine library support, or general campus network, does not by itself constitute substantial use.)
Procedures/Guidelines
Ownership of Intellectual Property
The University aims to work collaboratively with Creators to evaluate and, when appropriate, protect and commercialize inventions. The University's role is supportive, assisting with the technical, legal, and administrative aspects needed to move ideas forward.
Creator‑Owned IP
Creators retain ownership when the work is developed independently, outside the Scope of Employment, not part of a sponsored project, and created without Substantial Use of University Resources. When Creators bring preexisting IP into University activities, they are simply asked to disclose it so boundaries are clear, and misunderstandings can be avoided. The goal is transparency and not to expand University ownership.
Students, staff, faculty, and affiliates are all treated as Creators under this Policy when they contribute to patentable IP, and all are eligible for revenue sharing subject to contract terms. If questions arise, the Patent Committee provides a neutral and objective review to ensure fair determination of ownership and equitable interests.
University‑Owned IP
The University owns IP created when:
- it is developed within one's Scope of Employment,
- it arises from a University lab, project, or sponsored program,
- it uses Substantial University Resources, a contract or sponsor agreement requires assignment, or
- University-managed funding supports the work.
The Creator assigns their rights, title, and interests to the University for potential IP created in these circumstances. Traditional academic works remain creator-owned unless a contract specifies otherwise.
Patent Committee
The Patent Committee serves as a neutral, knowledgeable body that helps ensure fair and consistent decision‑making regarding patentable IP. The Committee includes representation from across the University community to ensure balanced perspectives.
Its responsibilities include but may not limited to:
- Reviewing disclosed inventions to determine ownership, inventorship, and relevant dates.
- Deciding whether the University should pursue patent protection, maintain patent protection throughout the lifetime of the patent, or refer the invention to a patent agent.
- Assessing the equitable interests of the University, Creator(s), and any collaborating parties.
- Providing recommendations related to revenue sharing and, when applicable, considering whether ownership should be transferred to creator(s) if the University elects not to pursue protection.
The Committee's role is to help support Creators, encourage innovation, and provide transparency throughout the process.
Disclosure & Review Process
Disclosure
Creators are asked to fully and promptly disclose any IP that, in their reasonable judgment, appears to be protectable. Disclosure is made using the University's standardized Invention Disclosure Form and submitted to the Office of Sponsored Programs (OSP). To protect the Creator's rights and ensure compliance with sponsor requirements, disclosure must occur before any public dissemination (e.g., presentations, publications, demonstrations).
If research is federally funded, Creators and the University must meet all Bayh–Dole Act reporting obligations. Prompt disclosure supports Creators timely reporting and preserves both the Creator's and the University's rights.
Creators bringing preexisting IP into University activities should disclose it ahead of use so OSP can help clearly define what is preexisting and what is newly developed at the University. The goal of disclosure is clarity, not claiming ownership.
Initial Review
Once OSP receives a complete disclosure of potentially patentable IP, it will acknowledge receipt and begin an initial evaluation by OSP in consultation with the Chief Research Officer. This evaluation focuses on novelty, functional potential, patent eligibility, and alignment with applicable sponsor or contract term.
If the invention meets threshold criteria, OSP will bring forward to the Patent Committee to determine whether the University wants to pursue patent protection and/or commercialization. Creators will be included throughout the review and kept informed of progress.
If the University elects not to pursue protection (or abandons patent protection in the future), Creators may request an ownership transfer. This request will be made in writing to the University's Patent Committee. Transfers may be granted under the terms protecting the University's interests. Where the ownership is transferred to the Creator(s), the Creator(s) will indemnify and hold harmless the University for any actions, claims or damages resulting from the IP, and protection of University interests. If approved, Creators may continue developing the invention independently.
Appeals & Dispute Resolution
Creators who disagree with a determination made by the Patent Committee may submit a written appeal to the President of the University within 15 days of the notice of determination. Decision on appeal is final.
Publication Rights
Creators should be aware that any public disclosure made before filing a patent application, such as a presentation, poster, publication, website posting, or other non‑confidential communication, may eliminate patent eligibility by creating prior art and destroying the invention's novelty. To avoid accidental loss of protection, creators are strongly encouraged to consult OSP prior to publicly sharing details of a potentially patentable invention.
Creators retain the right to publish and share their work. In rare cases, to ensure patent rights or fulfill sponsor obligations, the University may request a short delay in publishing so that necessary filings can be completed. Any such delay will be reasonable and communicated clearly.
Patentable IP developed during one's period of employment or academic engagement remains subject to this Policy, even if disclosure occurs after separation. Creators remain eligible for applicable revenue sharing after separation from the University but must provide reasonable cooperation with patent filings and related obligations.
Commercialization and Licensing
OSP manages the protection and commercialization of University IP, including patent filings, coordinating with legal counsel, marketing/licensing efforts, and supporting startup formation when applicable. The University has no obligation and makes no warranties to successfully commercialize or produce revenue from any intellectual property.
The University's approach is to act as a partner to Creators, such as assisting with identifying industry contacts, evaluating market potential, and pursuing licensing pathways that serve the public good. Creators are expected to avoid conflicts of interest, especially when consulting for external entities or engaging in ventures related to University‑owned IP.
License Revenue Sharing
Revenue is shared as follows (unless sponsor agreements dictate otherwise):
- Creators: 50%
- University: 25%
- Department(s) of Origin: 25%
These distributions are intended to recognize contributions broadly, supporting both individual Creators and the academic or operational units that helped make the work possible.
Multiple Creators collaborating on an invention may decide among themselves how to divide their collective 50% share and must document their Creators agreement with OSP. If no Creators' agreement is submitted within three months of licensing, the Creators' 50% share is divided equally among the Creators.
Similarly, when Creators come from different departments, those units may establish a mutually agreed‑upon split of the 25% unit share. If no agreement is reached, the 25% is divided equally across the relevant units. Creators may also voluntarily waive their share of revenue; such waivers must be in writing and are irrevocable.
Interinstitutional Agreements
Any Agreement involving joint patent prosecution, shared costs, or collaborative commercialization will be reviewed by the Patent Committee and follow standard University contract processing. This ensures that all obligations, costs, and responsibilities are transparent and aligned with University policies.
Equity, Startups, and Founder Roles
If a license agreement includes equity, such as in a startup founded to commercialize the IP, equity is treated as part of Net Revenue for purposes of this Policy. OSP, in collaboration with Financial Affairs, manages equity holdings to ensure fairness and compliance.
Any startup involvement by Creators must be managed in accordance with the University's conflict of interest procedures to maintain transparency and academic integrity unless otherwise specified by contractual agreement.
Consulting and Conflicts of Interest
The University encourages consulting that promotes innovation while maintaining clear boundaries around institutional IP. Creators engaging in outside consulting must ensure that their consulting agreements align with the University Conflict of Interest and Commitment Policy and do not transfer the rights to University‑owned IP. Creators must not take actions that compromise the University's rights in the IP and are expected to assist in reasonable efforts related to patent prosecution and commercialization.
Relationship to Sponsor Agreements & Law
This Policy operates in harmony with applicable federal and state laws, as well as sponsor agreements. Where sponsor terms require specific handling of IP, those terms govern.
Survival of Rights
The University's rights related to patent protection, licensing, and commercialization remain in effect even after a Creator leaves the University, ensuring continuity in managing and protecting the invention.
Responsibilities
All faculty, staff, students, visitors, and affiliates are responsible for fully and promptly disclosing potentially protectable IP in accordance with this Policy. The OSP and Patent Committee are responsible for evaluating disclosed IP and determining whether the University will pursue protection or commercialization.
Enforcement
Failure to adhere to this policy may result in disciplinary action through the appropriate office who enforces potential violations of policy, dependent upon the creator (i.e. student, faculty, staff, third-party, or collaborator).
Compliance Reference
Bayh-Dole Act (U.S.)