Technology Transfers and Intellectual Property

• UMB Policy on Intellectual Property
• UMB Policy Regarding Ownership, Management, and Sharing of Research Data
• UMB Guidelines on Reproduction of Copyrighted Materials

USM

• USM Policy on Intellectual Property
• USM/UMB Policy on Patents(Effective 1990-2002)
• USM Policy on Copyrights(Effective 1990-2002)
• USM Policy on Classified and Proprietary Work

Other

• The Bayh-Dole Act

The University of Maryland, Baltimore (UMB) adopts the University System of Maryland (USM) POLICY ON INTELLECTUAL PROPERTY (IV - 3.20)  approved by the Board of Regents February 8, 2002.  In addition, the UMB Policy Regarding Ownership, Management, and Sharing of Research Data (UM IV-99.01(A) applies to Research Data that result from research activity performed at or under the auspices of UMB, regardless of funding source. These two policies are referred to here as the "IP Policy".

Occasionally, in the course of sponsored projects, sponsors, particularly Foundations or other non-Federal sponsors, include terms or conditions in their award notices that do not conform to UMB’s IP Policy. In these cases, Sponsored Programs Administration (SPA) works with the sponsor to negotiate mutually agreeable language that is in accordance with the preferred ownership and licensing terms in the UMB IP Policy. However, in some cases, this is not possible, and UMB may agree to waive certain requirements as allowed per the IP Policy. In these cases, the Principal Investigator (PI) and the project team will need to decide whether to request a waiver of the IP Policy to permit UMB to accept the award.

When negotiations on IP language come to an impasse, but the PI and project team still wish to pursue the award, SPA will initiate an IP Policy Waiver request ("IP Waiver") via UMB-SPA Negotiated Agreement IP Waiver form which then must be reviewed and approved by the PI, Chair, and Dean before proceeding for review by OTT and the Senior Vice President and Chief Enterprise and Economic Development Officer. IP Waivers should be carefully considered before acceptance and signing, particularly when graduate students are working on the research project. Any person(s) joining a project after the project starts, where an IP Waiver has been approved, is subject to the terms of the waiver. PIs and Departments are responsible for obtaining signatures for anyone who joins the project after the initial IP Waiver is processed/approved and keeping the documentation on file.

Other situations may require a waiver of the IP Policy, including agreements signed by OTT or CCT.  OTT or CCT would be responsible for the IP Waiver process for their agreements.

Blanket Intellectual Property Waiver for Open Source and Public Access Requirements

The White House Office of Science and Technology Policy released a memo titled “Ensuring Free, Immediate, and Equitable Access to Federally Funded Research ” on August 25, 2022. This memo provided policy guidance to US federal agencies to update their public access policies no later than December 31, 2025, to make publications and their supporting data resulting from federally funded research publicly accessible.

As a result of this memo, Federal sponsors have begun enacting requirements to make data and software developed under sponsored awards available to the public via open access repositories or open source licenses. NIH, NASA, NOAA, and U.S. DOT are just a few of the federal sponsoring agencies that are now including such requirements in solicitations for proposals and resultant award terms and conditions. Several foundations, including the Bill & Melinda Gates Foundation, also have public access requirements.

To comply with System and Campus Intellectual Property Policies, UM College Park and UM Baltimore have approved blanket intellectual property waivers addressing the open access/open source requirements. 

Principal Investigators (PIs) may release data and software under open access and open source licensing requirements, for those sponsors that require it at the proposal submission, in accordance with the following process:

• The PI is responsible for providing a certification via Kuali Research as follows: “This proposal is being submitted to a sponsor, either directly or as a subawardee to a Prime Sponsor, that has public access or open-source requirements for data or software or specific data management/sharing requirements that would normally require a waiver of the UM IP policy. I agree to these requirements and agree to notify every person hired to work on the project, if awarded, of these requirements and to submit any necessary additional information to ORA/SPA/UM Ventures, if requested.”
• The PI is responsible for, acknowledging, and agreeing to abide by the terms and conditions of funding awards.
• The PI is responsible for educating students, post-docs, and others working under their awards or under their supervision about the IP terms of each award, including any open source requirements.
• The PI is responsible for contacting UM Ventures with questions about appropriate open source license(s) to use.
• The PI is responsible for forwarding any release or data sharing agreement that needs a UM signatory to the appropriate office.

UM Baltimore Blanket IP Waiver memo    

UM College Park Blanket IP Waiver

USM Intellectual Property Policy

Federal agencies have begun enacting requirements to make data and software developed under sponsored awards available to the public via open access repositories or open-source licenses. Some non-federal sponsors also have such requirements. The following list includes known examples but is not complete. Review sponsor policies/regulations to determine their policy and requirements.

Federal agency examples include:

Agency for Healthcare Research and Quality (AHRQ)

National Aeronautics and Space Administration

National Institutes of Health

National Oceanic and Atmospheric Administration

Substance Abuse and Mental Health Services Administration (SAMHSA)

U.S. Agency for International Development

U.S. Department of Transportation

Non-federal sponsors with open access or open-source data policies include:

Alfred P. Sloan Foundation

American Heart Association

Andrew W. Mellon Foundation

Bill & Melinda Gates Foundation

Gordan & Betty Moore Foundation

Russell Sage Foundation

UMB researchers can disclose inventions, copyrights, or tangible research property to the Office of Technology Transfer (OTT) using online or paper disclosure forms.

The Office of Technology Transfer provides support for disclosure submissions and questions.

Disclosure and commercialization activities are governed by UMB and University System of Maryland intellectual property, patent, and copyright policies, as well as federal regulations such as the Bayh-Dole Act. Additional resources are available through the U.S. Patent and Trademark Office, U.S. Copyright Office, and the Council on Governmental Relations.

Learn More About Disclosing Inventions

• U.S. Patent and Trademark Office Glossary of Terms
• U.S. Copyright Office
  • Copyright Basics
• The Bayh-Dole Act - A Guide to the Law and Implementing Regulations