Software Policy Clarification
Introduction
This S.U.N.Y. Software Policy Clarification was created to provide guidance regarding the disclosure to S.U.N.Y. and commercialization of newly developed computer software. S.U.N.Y.’s software policy is separate from and an exception to S.U.N.Y.’s copyright policy.
Disclosure Requirements
All Computer Software capable of commercial application that is:
developed using S.U.N.Y. Facilities; or
is within an Employee’s Scope of S.U.N.Y. Employment regardless of where such Computer Software has been developed,
must be disclosed to S.U.N.Y.’s appropriate Intellectual Property Division Office (IPD) for evaluation and possible patenting, copyrighting and commercialization. Except for Computer Software developed as a Work For Hire or under outside sponsor restrictions, the developer of computer software will be permitted to use such Computer Software for individual non-commercial purposes.
Ownership and Royalty Distribution
Ownership and royalty distribution relative to commercialization of Computer Software are determined by the circumstances under which it was developed. The policy wizard or the decision tree below can be used to determine the development category (#1-#3). Table 1 describes ownership and royalty distribution for each development category. Situations not falling clearly into one or more of the indicated development categories will be determined on a case-by-case basis.
Exceptions for Consulting or Non-S.U.N.Y. Employment
In situations where an individual’s outside consulting efforts or other non-S.U.N.Y. employment, including employment after an individual has left S.U.N.Y. employment, may involve creating software that incorporates Computer Software owned by S.U.N.Y. or minor modifications of it that do not substantially alter its functioning, the individual may apply to the Office of the Vice President for Research for an exception relative to specific software involved in such outside consulting efforts or other non-S.U.N.Y. employment.
Courseware and Distance Education
The role of courseware and distance education programs and materials is currently being evaluated within S.U.N.Y. Additional information will be provided as it becomes available.
Definitions
Computer Program is any set of instructions for controlling the operation of a computer or similarly functioning device.
Computer Software is items such as Computer Programs, information used or interpreted by Computer Programs and documentation relating to the use of Computer Programs.
Developer is an individual who creates Computer Software.
Employment is an individual’s involvement with S.U.N.Y. as (1) an employee of S.U.N.Y. or (2) a graduate student at S.U.N.Y. or (3) an individual who under a contractual agreement is permitted use of facilities owned or controlled by S.U.N.Y.
Invention is a technological advancement qualifying for patent protection under the patent laws of the United States.
Inventor is a person who pursuant to United States patent law conceives of an Invention that is subsequently reduced to practice.
Positive Patentability Opinion means a written legal opinion from a qualified registered patent attorney indicating that a thorough prior art search has been carried out by the patent attorney and that the associated technology is patentable in light of all of the known prior art.
Scope of S.U.N.Y. Employment means involving or relating specifically to job responsibilities, research activities, assigned coursework, sponsor funded or contracted activities or other activities an individual is expected to carry out pursuant to their Employment.
Sponsoring Agency is S.U.N.Y. or a Non-S.U.N.Y. entity that provides funding for research Computer Software development where such funds are required to be processed through one more ofs administrative offices.
S.U.N.Y. is the State University of New York and all of its affiliates, including but not limited to The Research Foundation Of State University Of New York.
S.U.N.Y. Facilities are facilities owned or controlled by S.U.N.Y.
Work For Hire is computer software developed under a contractual or employment arrangement with S.U.N.Y. and which (1) was developed to perform a predetermined function and (2) was developed using established computer software development techniques.
Software Policy Wizard
|
Development Category |
Ownership |
Royalty (To developers) |
(#1) S.U.N.Y. Owned (Work For Hire) |
S.U.N.Y. |
N/A (S.U.N.Y. Retains All Proceeds) |
|
(#2) S.U.N.Y. Ownership |
S.U.N.Y. |
40% of S.U.N.Y.’s gross receipts from commercialization |
|
(#3) Developer/Inventor Ownership |
Developer(s)/ Inventor(s) |
N/A Developer(s)/Inventor(s) own technology and retain proceeds from their commercialization efforts |