* FACULTY SENATE

The third regular meeting of the Faculty Senate for the academic year
1983/1984 will be held on Tuesday, December 6, 1983, at 2:10 p.m. in
Mendenhall Student Center, Room 244.

AGENDA

Call to Order
Approval of the Minutes of November 15, 1983

Special Order of the Day

A. Amouncements
B. Faculty Assembly Report (C. Ayers)

- Unfinished Business
A. Calendar Committee (determining date of fall break 1985: October 21 and
280

Report of Committees
A. Curriculum Committee (William Grossnickle)
From the minutes of November 10, 1983:
. Catalogue adjustments regarding minors
- Revise Spanish minors
. Revise Math minor
- Delete BA and BS Biol (Teaching); revise B.S. Biol, Biol minors, BS
Biochemistry
REvise BS Science Education
- Revise and retitle BFA Drama to BFA Dance, revise Dance minor,
retitle BA to Theatre Arts major, Theatre Arts and Speech major,
Drama minor to Theatre ARts minor, Drama and Speech minor to Theatre
Arts and Speech minor
- Revise BS Med Tech
- Revise BFA in ARt; revise and change title of BFA
Interior/Environmental Design major, revise BA, revise minors, Art
History major, Community Arts Management major; new BFA Art
(Teaching); delete BS Art (Teaching)

From the minutes of November 17, 1983:

1. Change BSBE: all certificates (including title changes), Office
Administration (including a second option in Word/Information
Processing), minors (including a new minor in Dristribution
Technology; Merchandising, trnasfer program (option for Technical
Teachers )

2. Revise BSBA and BS Accounting

ee 3. Change BS/BA Chemistry, Chemistry minors, BS Biochemistry, BS Med

Tech; delete BS Chem (Teaching)

 
Revise Music Therapy major, revise and change title of BM in Music
with Business Emphasis, revise Knowledges and Music Library
Revise BS in Environmental Health to offer two options: Genral and
Occupational Health ,
Revise BS INDT (Teaching), (Professional), BA, minors
Revise the following Home Ec degree progralis: Home Ec Education
(Teacher Cert. Option, Community Service Option, Consumer and
Management Option), FNIM (Dietetics - General Option, CUP option,
Food Service Adm option), Housing, clothing and Textiles
(Merchandising option, Clothing and Textiles Option); revise the
following minors; Food and Nutrition, Food Service Managment,
Housing, Child Development and Family Relations, Clothing and
Textiles.

x Revise BA major in Psychology and minors

B. Faculty Governance Committee (Robert Woodside)
1. Unit Code of School of Nursing*
2. Unit Code of School of Technology*
3. Unit Code of Counseling Center*

4, Unit Code of Department of History*
5. Document on Patents and Copyrights**

6. New Business

*Unit Codes mailed by units to senators and ex-officio members

#*Patent Policy mailed by Senate Office to Senators and ex-officio members

 
September 21, 1983

DRAFT PROVISIONS
FOR
PATENT AND COPYRIGHT PROCEDURES
EAST CAROLINA UNIVERSITY

A. General

1. As defined by the Patent and Copyright Policies of the Board of
Governors, * to which these Procedures are expressly subject, East Carolina
University has an interest in all inventions of University personnel that are
conceived or first actually reduced to practice as a part of or as a result of
University research, activities within the scope of the inventor's employment
by the University and activities involving the use of University time,
facilities, staff, materials, University information not available to the

public, or funds administered by the University.

2. The University may also have an interest in inventions under the

terms of contracts, grants or other agreements. Faculty, staff, and students,

whose inventions are made on their own time and without University facilities,
materials, or resources and which inventions are, therefore, their exclusive
property as specified by the Patent and Copyright Policies, may avail
thiandelves of the opportunity to submit the invention to the University for
possible patenting and/or commercial exploitation and management under terms
to be agreed between the inventor and the University.

*"University of North Carolina Patent and Copyright Policies," adopted

by the Board of Governors on June 10, 1983.

 
3. The provisions of the Patent Procedures are subject to any
applicable laws, regulations or specific provisions of the grants or contracts ae
which govern the rights in inventions made in connection with sponsored
research.

4, Under the terms of certain contracts and agreements between the
University and various agencies of government, private and public corporations
and private interests, the University is or may be required to assign or
license all patent rights to the contracting party. The University retains
the right to enter into such agreements whenever such action is considered to
be in its best Rh aneiit ans in the public interest. Ordinarily the University
will not agree to assign rights in future inventions to private corporations

or businesses.

lia}? Responsibilities of University Personnel

1. University personnel who, either alone or in association with
others, make an invention in which: the University: has or may have an interest
shall disclose such inventions on forms provided ‘for this purpose by the
University Patent Office (Appendix A). ‘The University Patent Office will
promptly acknowledge its receipt of completed disclosure forms and will
distribute such forms to the University Patent Committee for consideration at
its next meeting.

The Patent Committee will review each written disclosure promptly. The
inventor or his or her representative shall be allowed to examine all written
materials submitted to the Committee in connection with his or her disclosure
and to make a written and, where practicable, oral presentation to the
Committee. The Committee will decide on the proper disposition of the

invention to secure the interests of the University, the inventor, the sponsor

 
a if any, and the public. Its decision may include, but is not limited to, one

or a combination of the following:

(1) To submit the disclosure for review by a patent or invention
management firm;
To make inquiries of potential licensees that may have an
interest in the invention, including the financing of a patent
application, where applicable;
To study the practicality of applying for a patent with
University resources (an option with limited application
because of financial constraints) ;
In proper cases, to release its rights to the inventor subject
to an agreement to protect the interests of the University, the
sponsor if any, and the public, including an obligation to pay
to the University a percentage of future royalties; and

(5) To dedicate the invention to the public.

Within four weeks of the receipt of the disclosure, the inventor will be
notified in writing of the decision of the Committee on (1) the equities
involved including Hingnalal participation, (2) whether the University plans
to file a patent application, or (3) whether the University will accept
assignment of the invention for patenting, licensing and/or commercial
handling as applicable. If the University chooses neither to file a patent
application or otherwise make available commercially nor to dedicate to the
public an invention in which it asserts its rights, the invention at the
Cormittee's discretion may be released in writing to the inventor, with the
permission of the sponsor, if any. If, after the University has filed a

patent application, it decided to abandon the patent, the inventor will be

 
be released by written agreement to the inventor, with the permission of the
sponsor, if any.

In those cases in which the University has obtained a patent without
obligation to sponsors, if no arrangement has been made for commercial
development within a reasonable period from the date of the issuance of the
patent, the inventor(s) may request in writing a release of the University's
patent rights. The Patent Committee will promptly either grant the request or
will advise the inventor of the University's plans for the development of the
invention.

As to any invention in which the University has an interest, the
inventor, upon request, shall execute promptly all contracts, assignments,
waivers or other legal documents necessary to vest in the University or its
assignees or any or all rights to the invention, including complete assignment
of any patents or patent applications relating to the invention.

2. University personnel may not: (a) sign patent agreements with
outside persons or organizations which may abrogate the University's rights
and interests as stated in the Patent Policy or as provided in any grant or
contract funding the invention, nor (b) without prior authorization use the
name of the University or any of its units in connection with any invention in

which the University has an interest.

C. Publication and Public Use
The University strongly encourages scholarly publication of the results
of faculty and student research. Though the Patent and Copyright Policies do

not limit the right to publish, except for short periods of time necessary to

protect patent rights, publication or public use of an invention constitutes aS

 
a statutory bar to the granting of a United States patent for the invention
unless a patent application is filed within one year of the date of such
publication or public use. Publication or public use also can be an immediate
bar to patentability in certain foreign countries.

In order to preserve rights in unpatented inventions, it shall be the
duty of the inventor, or of his S ecdie if the inventor is not available to
make such report, to report forthwith to the University Patent Office any
publication, submission of manuscript for publication, sale, public use, or
plans for sale or public use, of an invention, if a disclosure has previously
been filed. If an invention is disclosed to any person who is not employed by
the University or working in cooperation with the University upon that
invention, a record shail be kept of the date and extent of the disclosure,
the name and address of the person to whom the disclosure was made, and the
purpose of the disclosure.

After disclosure to the Patent Committee, the inventor shall promptly
notify the University Patent Office of the acceptance for publication of any
manuscript describing the invention or of any sale or public use made or

planned by the inventor.

D.

If the inventor believes eft the invention was made outside the general
scope of his University duties, and if he does not choose to assign the rights
in the invention to the University, he shall, in his invention disclosure,
ielaest that the University Patent Committee determine the respective rights
of the University and the inventor in the invention, and shall also include in
his disclosure information on the following points:

1. The circumstances under which the invention was made and developed;

 
2. The employee's official duties at the time of the making of the %

invention;

3. Whether he or she requests waiver or release of any University
claims or acknowledgment that the University has no claim;

4. Whether he or she wishes a patent ADEN OGr a to be prosecuted by
the University, if it should be determined that an assignment of the invention
to the University is not required rake the Patent and Copyright Policies; and

5. The extent to which he or she would be willing voluntarily to assign
domestic and foreign rights in the ‘invades to the University if it should be
determined that an assignment of the invention to the University is not

required under the Patent and Copyright Policies.

E. Revenue Sharing

1. The University shall share revenue which it réceives from patents or
inventions with the inventors.’ As noted in Section A.4., specific provisions &
of grants or contracts may govern rights and revenue distribution regarding
inventions. made in connection with sponsored research; consequently, revenues
the University receives from such inventions may be exclusive of payments of
royalty shares to sponsors or contractors. Moreover, the University expects
to contract with outside persons or organizations for obtaining, managing and
defending of Mee te and any royalty shares of expenses contractually
committed to such persons or organizations may be deducted before revenues
acerue to the University.

23 The i west (net, if applicable per the preceding paragraph) which

the University receives from a patent or invention will be applied first to

reimburse the University for any incremental expenses incurred by it in

 
obtaining and maintaining patents and/or in marketing, licensing and defending
patents or licensable inventions. After provision for such expenses, the
inventor's share of such revenues received by the University shall be as
follows: 50%. of the first $100,000, 25% thereafter. In the case of co-
inventors, each such percentage share shall be subdivided equally among them,
unless the University in its sole discretion determines a different share to
be appropriate. Applicable laws, regulations or provisions of grants or
contracts may, however, require that a lesser share be paid to the inventor.
In no event shall the share payable to the inventor or inventors in the
aggregate by the University be less than 15% of gross royalties received by
the University.

3. To the extent practicable and consistent with state and University
budget policies, the remaining revenue received by the University on account
of an investion will be dedicated to research purposes, including research in
the inventor's department or unit, if approved by the Chancellor upon
recommendation of the University Patent Committee.

F. Administration

1. The University recognizes that the evaluation of inventions and
discoveries and the administration, development and processing of patents and
licensable inventors involves substantial time and expense and requires
talents and experience not ordinarily found in its staff; therefore, in most

cases it expects to contract with outsiders for these services. It may enter

into a contract or contracts with an outside organization covering specific

inventions or discoveries believed to be patentable and patents developed

therefrom, or covering all such inventions, discoveries and patents in which

the University has an interest.

 
2. The Chancellor shall appoint a University Patent Committee consisting
of no fewer than three members. The committee shall review and recommend to og
the Chaneellor or his delegate changes in these procedures, decide upon
appropriate disposition of invention disclosures, resolve questions of
invention ownership, recommend to the Chancellor the expenditure of invention
royalties, and make such recomendations as are downed: appropriate to
encourage disclosures and assure prompt and effective handling, evaluation,
and prosecution of invention seiitant 06 and to protect the interests of the

University and the public.

G. Copyright Procedures

1. As a general rule, all rights to copyrightable material are the
property of the creator. The distribution of royalties, if any, is a matter

of arrangement between the creator and his publishers or licensees. Different

treatment may be accorded by the institution in case of specific contracts |

providing for an exception, in cases where the constituent institution or
sponsor may employ personnel for’ the purpose of producing a specific work,
where different treatment is deemed necessary to reflect the contribution of
the institution to the work, as in the ise of software or audiovisual
material, or where a sponsored agreement requires otherwise.

2. An institute, center, or other unit of the University that engages
faculty members and other employees to write for publication by that unit as a
part of their professional duty or produce other copyrightable materials, such
as audiovisual materials or computer software, may, subject to the approval of
the Chancellor, adopt rules providing that copyright in materials prepared by
such faculty members and other employees in the course of their professional

work for that unit vests in the unit and not in the author. It is the

 
responsibility of any institute, center or other unit of the University

desiring such provisions to present to the Chancellor for his consideration

the details of the requested rules.

 
APPENDIX A

CONFIDENTIAL

EAST CAROLINA UNIVERSITY

Report of Invention

1. Inventor(s): (List name, professional affiliation, mailing address,
telephone. Underline name of person to contact for more information. )

Pursuant to the Patent Policy and Procedures of East Carolina University, I/we
hereby disclose details about the following invention:

2. Title of Invention:

3. Date of Invention: (Indicate actual or approximate dates.)

Earliest conception:
Experimentation period:
Reduction to practice:

. Brief Description of Invention: (Identify whether invention is a new
process, composition of matter, a device, one or more products, a new use
for or an improvement to an existing product or process. Include nature,
purpose, operation and basic characteristics of the invention. )

(Use additional sheets if necessary and attach descriptive materials that may
promote a better understanding of the invention. )

 
- Publication:

(a) Indicate details of any full or partial disclosure of this invention by
any of the inventors named in paragraph 1. The means may have been one or

- more of the following: manuscript, article, report, grant application,
thesis, abstract, demonstration, sales catalogue, news release, internal
memorandum, or oral presentation. Specify date and attach copies of
written disclosures insofar as possible.

(b) Describe in detail any plans for disclosure of this invention in the
near future (This may include submission of a manuscript, a formal
publication, oral presentation, a showing, offer of samples, or a sale.)
6. Sponsorship for Work Leading to the-Invention:

(a) Sponsor(s):

Contract or grant number:

Funding period: |

Principal Investigator:

Attach relevant patent sections from the funding instrument or sponsor's
policy manual if available.

Prospects for Commercialization:

(a) Indicate any apparent commercial interest. Please name companies and
specific persons if possible.

(b) List names of other qualified firms with your comments, if any.
Signature(s) of Inventor(s):

Date

Date

Date

9. Signature of Person Witnessing This Disclosure:

Signature Date

Typed name and title

10. Signature of Department Chairperson(s) Affected by This Disclosure:

Signature Date

 
Typed name and title

Signature

Typed name and title

Please send this form to the University Patent Office, Office of the
Chancellor, East Carolina University.

University Patent Office Use Only:

Signature Date disclosure received in
University Patent Office

Typed name and title Telephone