22.1 Disclosure of Patent Applications

Any member who has applied for a patent, whether or not the invention, device, substance, or process was developed with University support, shall file a copy of the patent application with the President.

22.2

Disputes as to whether an invention, device, substance, or process was developed with or without University support shall be settled by the arbitration procedures of Article 6.

22.3 Inventions, etc. Developed Without University Support

The Employer acknowledges that it has no interest in the sense of ownership or part ownership in any patentable or potentially patentable invention, device, substance, or process developed by a member wholly on his/her own time and without the use of University facilities, even though it falls within the field of competence relating to his/her University position. For purposes of this provision, a member's "own time" shall be taken to mean time other than that devoted to normal and assigned functions in teaching, University service, direction and conduct of research on University premises, and utilizing University facilities. The term "University facilities" shall be taken to mean any facility available to the member as a direct result of his/her affiliation with Brandon University and which would not be available to a non-Brandon University-affiliated individual on the same basis.

22.4

The member shall bear all costs in obtaining such patents.

22.5 Inventions, etc. Developed With University Support

The patent for any invention, device, substance, or process developed with University support shall belong to Brandon University and the inventor shall assign such patent applications or any patents resulting therefrom to, or as designated by, the Employer.

22.6

With respect to any patent obtained by or through the Employer or assigned to it in accordance with the foregoing provisions, the Employer, in recognition of the meritorious services of the inventor and in consideration of his/her agreement that the invention shall belong to the Employer, will make provision entitling the inventor and his/her heirs or legatees to a share in any proceeds from the management and licensing of such patent to the extent of fifty percent (50%) of the gross royalties (after direct patent costs) paid under the patent, unless this exceeds the limits fixed by applicable regulations of a relevant sponsoring agency, which will control in such cases.

22.7

Any revenue which the Employer may receive as a result of the provisions of this Article shall be dedicated to research.

22.8