All employees of Montana Tech shall adhere to procedures found in the Principal
Investigator (PI) Handbook with respect to patentable inventions or discoveries and to
those procedures outlined in BOR Policy 401.2. The purpose of these procedures is to
define the relationships among the inventor; the University System; unit, institution,
school, branch, division or agency of the University System; and outside sponsors of
research within the University System. The PI Handbook can be accessed through the
Montana Tech Web Site. Click on “Research Office” then “Research Policies and
Procedures” (on right side of page) where the PI Handbook can be found.
General objectives of this policy include dissemination of existing knowledge together
with the acquisition of new knowledge and understanding through research. System
research is also conducted to train students and to stimulate a spirit of inquiry, but seldom
with regard to practical application which might result. However, inventions are often byproducts of research, and when such inventions are made, it may be in the public interest
that the System provide the protection and control available under the patent laws. In
such cases, it is the intention of the Board of Regents to provide that protection and
control when practicable.
316.1 Copyrights (BOR Policy 401.3)
1. Works, which are produced by an employee in connection with an approved and
sponsored research project, are treated in accordance with the agreement
negotiated with the sponsor. In the absence of such agreement or to the extent such
an agreement does not fully address ownership of works produced, such works
shall be treated in accordance with Sections 2 or 3 of the BOR Policy 401.3.
2. When an employee is assigned work or responsibilities for the specific purpose of
developing computer programs, visual aids, manuals, public relations material, or
other copyrightable works, the works produced pursuant thereto and all royalties
there from shall be the property of the campus. Assignment of the copyright shall
be indicated either on the individual employment contract or in a separate
document countersigned by the employee. Should the campus and the employee
agree to a division of royalties such division must be included in the contract or in
a separate document countersigned by the employee. If the campus does not wish
to copyright the work, the employee may obtain a written release from the
President or Chancellor. Once the written release is obtained the employee may
copyright the work in his/her own name. Upon written request for release by the
employee, the campus will respond within 30 days.
3. When an employee develops copyrightable works other than those defined in
paragraphs 1 or 2 above, he/she shall have sole right of ownership and disposition
of such works. When such works are produced, developed or authored through the
use or with the aid of the campus facilities, personnel or other resources, the
campus must be reimbursed for the fair market value of the use of any such
facilities, personnel or resources, except those considered part of the normal
academic environment including library facilities. Manuscripts or works of art
designed for publication in media where no remuneration is given the author(s) are
exempt from this reimbursement requirement.