Administrative Procedures

Intellectual Property Procedure

1.     Purpose

To promote KCTCS’ support of the economic and social health of our communities, this procedure establishes rules facilitating the ownership, distribution, and commercialization of intellectual property created by KCTCS faculty, staff and students. This procedure serves as a cornerstone of our dedication to innovative excellence across the Commonwealth. 

2.     Scope 

This Procedure applies to all KCTCS faculty, staff and students using KCTCS funds, facilities or other resources. Contracts between KCTCS and independent contractors should define the respective rights and responsibilities of the parties with respect to ownership of any intellectual property.

3.     Definitions

1. Intellectual Property (IP). Any tangible or intangible results of research, development, teaching, or other intellectual activity. May include, but is not limited to:
   1. Inventions, discoveries, processes, or other new developments which are appropriate subject of patent applications;
   2. Written materials, sound recordings, videos, films, computer programs, computer-based instructional materials, works of art including paintings, sculptures, and musical compositions, and all other materials, which may be copyrightable;
   3. Tangible research materials including biological, chemical, physical, and technological products; as well as analytical procedures and laboratory methods, which may or may not be patentable or copyrightable.
2. Revenue. All proceeds received from intellectual property that is sold, assigned, or licensed, less the costs of application, legal protection, or litigation, interference, travel and other marketing costs directly attributable to the intellectual property being exploited.
3. Scholarly Works. Works that reflect academic effort, creativity, and/or research. This may include instructional materials such as textbooks and course materials, whether used in face to face or online courses, course syllabi, journal articles, research bulletins, lectures, monographs, plays, poems, literary works, works of art, computer software/programs, sound recordings, musical compositions, and similar creations.
4. Scope of Employment. Activities that an employee is reasonably expected to perform as part of their position, which may include but is not limited to activities listed in an employee’s job description, annual performance evaluation, or assigned by their supervisor.
5. Student Works. Works that are independently created by students arising out of a KCTCS program.
6. Substantial Use. The extensive use of KCTCS resources, which may include but is not limited to facilities, equipment, human or financial resources. Use will be considered “extensive”, and facilities will be considered “major” if similar use of facilities would cost the creator more than $5,000 U.S. dollars if purchased or leased in the public market, unless agreed upon between the parties.                       

4.     Ownership of Intellectual Property                                  

1. General
   IP developed by KCTCS faculty, staff or students shall be the sole and exclusive property of the faculty, staff or student who created the IP unless the IP was: 
   1. developed within the individual’s scope of employment with KCTCS; 
   2. developed with the substantial use of KCTCS resources (fiscal, human, or physical);
   3. developed in the course of a project arranged, administered, or controlled by KCTCS and sponsored by an external entity or solely sponsored by KCTCS.
2. Scholarly Works
   Scholarly Works shall be the sole and exclusive property of the faculty or staff who created the IP unless substantial use of KCTCS resources is used in the creation of the work, or the work was created within the scope of their employment with KCTCS. In which case, the IP shall be owned by KCTCS.
3. Student Works
   Student Works shall be the sole and exclusive property of the student unless substantial use of KCTCS resources is used in the creation of the work, or the work was created within the scope of their employment with KCTCS. In which case, the IP shall be owned by KCTCS. 
4. Written Agreements
   Unless prohibited by law or limited by the terms of an external sponsorship agreement, nothing in this procedure shall prevent KCTCS from entering into a specific written agreement with the faculty, staff or student who created the IP specifying different terms regarding ownership rights and other responsibilities of the parties. 

5. Disclosure of Intellectual Property

1. Internal Stakeholders
   When a KCTCS faculty member, staff member or student creates IP that could reasonably be expected to have commercial value the following steps shall be followed: 
   
   1. The faculty member, staff member, or student shall notify their Chief Academic Officer (CAO) or designee or the KCTCS Provost or designee. If the CAO is contacted, the CAO shall notify the KCTCS Provost.
   2. The faculty member, staff member or student shall complete an IP Disclosure form. 
   3. The IPC shall evaluate the intellectual property ownership and commercial potential of the creation and may interview the creator and/or any other person as needed to aid in its evaluation. 
   4. In its discretion, the IPC may work with third party collaborators to assist in the evaluation of the IP. If a third party collaborator is used, the IPC will be updated at regular intervals.
   5. The KCTCS Provost will update the KCTCS President after each IPC meeting, and as needed.
2. External Partners
   When an external partner is involved in the creation of IP, the KCTCS faculty member, staff member or student that is working with the external partner shall take the following steps: 
   
   1. Notify their Chief Academic Officer (CAO) or designee or the KCTCS Provost or designee. If the CAO is contacted, the CAO shall notify the KCTCS Provost.
   2. The faculty member, staff member or student shall complete an IP Disclosure form in consultation with the external partner.
   3. The IPC shall evaluate the intellectual property ownership and commercial potential of the creation and may interview the creator and/or any other person as needed to aid in its evaluation. 
   4. In its discretion, the IPC may work with third party collaborators to assist in the evaluation of the IP. If a third party collaborator is used, the IPC will be updated at regular intervals. 
   5. The KCTCS Provost will update the KCTCS President after each IPC meeting, and as needed. 

6.     Protection of Intellectual Property 

After the IP has been evaluated, the IPC may work with the Office of General Counsel to pursue 

protection of the IP, such as applying for a patent or trademark. In its discretion, the IPC may work with third party collaborators to assist in the protection of IP. Any costs associated with obtaining protection of the IP shall be negotiated by the parties and memorialized in a written agreement. The IPC will be updated at regular intervals.

7.     Commercialization of Intellectual Property 

The IPC may work with the Office of General Counsel and/or third party collaborators to enter into agreements to commercialize the IP as authorized by applicable law. The IPC will be updated at regular intervals if commercialization is pursued.   

8.     Sharing of Revenue

Unless a written agreement states otherwise, which may include a written agreement with third party collaborators, in all cases, revenue shall be shared as follows: 

1. 50% to the KCTCS faculty, staff or student who created the IP;
2. 40% to the College where the KCTCS faculty or staff member is employed or the student attends; and
3. 10% to the System Office. 

9.     Externally Sponsored Work

Any IP created as a result of work conducted under an agreement between an external sponsor and KCTCS that specifies the ownership of such intellectual property shall be owned as specified in said agreement.

10.  Public Domain 

When faculty, staff, and students of KCTCS voluntarily submit their work into the public domain, they effectively relinquish certain exclusive rights granted under IP law. This act means that the creator no longer holds the exclusive rights to reproduce, distribute, or adapt the work. Instead, the work becomes freely accessible to the public, allowing anyone to use, reproduce, or modify it without the need for permission or the payment of royalties to the original creator. 

11.  Dispute Resolution 

The parties to any intellectual property dispute shall first attempt to resolve the dispute informally among themselves before initiating the dispute resolution process. If a resolution cannot be reached, a written appeal may be submitted to the KCTCS President. The written appeal shall provide the applicable facts leading to the dispute, the specific reasons supporting the appeal and any supporting documentation. The KCTCS President shall review the appeal and any supporting documentation and provide a written decision within sixty (60) days of receipt of the appeal. The KCTCS President’s written decision is final.