Policies and Procedures
U.S. Government-Funded Inventions
The University of North Dakota, as are other research universities, is governed by the Bayh-Dole law (P.L. 96-517 and 98-620 as amended) which sets out the disposition of inventions made with Federal assistance.
The law provides that nonprofit organizations and small businesses may elect to retain title to inventions conceived or first actually reduced to practice in the performance of work under a funding agreement. The University must disclose each subject invention in a timely manner and comply with other regulatory actions. In addition, we must grant the U.S. government a royalty free license for governmental purposes, give preference to U.S. manufacturers, give preference to small businesses and share royalties with inventors. We must periodically report our licensing activity to the Government.
Confidentiality and Material Transfer Agreements
The management of University intellectual property is complex because there are often many conflicting interests. We work at the interface of science, business and law within the multiple contexts of University, industry and government. We know that the key to our success is our ability to work well with our diverse constituencies -- inventors, departments, schools, industry, the U.S. Government and the University.
CE&C has signature authority on behalf of the University for license agreements, material transfer agreements, confidentiality agreements and other agreements that pertain to intellectual property.
University faculty and other inventors are not authorized to sign agreements that obligate the University to assign or license intellectual property rights to another entity.