10.1 Intellectual Property Policy

10.1.1 Statement of Authority and Purpose 

This policy is promulgated by the Board of Trustees pursuant to the authority conferred upon it by §23-41-104(1), C.R.S. (2008) and pursuant to the requirements of the federal Bayh-Dole Act of 1980. This Policy supersedes any previously promulgated Mines policy on intellectual property.

Mines’ mission in conducting research and scholarly activities is the pursuit of knowledge for the benefit and use by the public. Mines recognizes that inventions and discoveries, and the patents, copyrights, know-how and trade secrets accruing from these, may be the natural outgrowth of the academic activities and research of its faculty members, employees, and students. The university and the campus community benefit from a clear statement of ownership and management of intellectual property in order for Mines to fulfill its role and mission, satisfy obligations to federal funding agencies and other research sponsors, and to benefit the public at large through its technology transfer efforts.

10.1.2 Definitions 

For the purposes of this policy, the following definitions shall apply:

1. Intellectual Property
   This term refers to inventions, innovations, discoveries, methods, apparatus, know-how, designs, models, distinct shapes, works of authorship (including computer software, algorithms, and associated documentation), data, trademarks, service marks, logos, any strains, varieties, or cultures of an organism, or any portion, modification, improvements, translation, or extension of these items.
2. Inventor
   This term shall refer to any individual who makes, alone or jointly with others, a significant contribution to the creation of an invention, innovation, discovery, method, or apparatus. Ultimately, if a patent application is filed, and subsequently granted, the allowed claims will dictate who is a named inventor listed on a patent, in accordance with the requirements of inventorship under U.S. Patent law (35 U.S.C. § 100, et. seq.).
3. Mines Resources
   This term refers to any use of Mines facilities, laboratories, equipment, computers, personnel, or library facilities that is more than incidental, or any use thereof that is essential to the creation of Intellectual Property. This term does not include routine use of university office space, personal office equipment, university entrepreneurial spaces (including incubator or maker spaces) or the means of network access to such resources.
4. Mines Research
   This term refers to any research conducted by a Mines employee in fulfillment of their employment duties and research activities funded by Mines and/or research using Mines Facilities Resources.

10.1.3 Statement of Ownership Principle 

Intellectual Property Developed by Mines Employees

Mines owns all Intellectual Property created or developed by its employees: (i) within the employee's scope of employment (except as expressly provided below), (ii) as part of a research program or laboratory, (iii) pursuant to a written contract with a third party, or (iv) with funds supplied or administered by Mines, (including additional remuneration provided to the employee under separate agreement with Mines for work outside of the employee’s regularly assigned job duties).  Unless the following works are created by an employee as part of Mines Research or are works that are specifically commissioned by Mines or another third-party sponsor, Mines does not own: (i) works of art that are made or valued primarily for artistic purposes rather than practical function (e.g., art objects, literary works, musical compositions), (ii) academic instruction materials (e.g., course materials), or (iii) scholarly works (such as an article published in a refereed journal, a monograph, a book, a thesis, or a similar contribution to a collective work).

While Mines shall not assert ownership over academic instruction materials, Mines will retain a non-exclusive, irrevocable, perpetual, royalty-free license to use, display, copy, distribute and prepare derivative works of those materials created by employees in the course and scope of their employment at Mines. Such materials may include video, audio, webpages, texts, graphics, simulations or other instructional media.

Acceptance of the terms and conditions of this Policy is and shall be a condition of employment for all Mines employees and a condition of engagement for any student in Mines Research. 

Intellectual Property Developed by Self-Funded Students

Generally, Mines does not own Intellectual Property created or developed by self-funded students. However, there are a few circumstances in which Mines will own rights in Intellectual Property developed or created by these students.  These are limited to situations where the Intellectual Property is developed or created by a self-funded student (i) as part of Mines Research, (ii) as part of a student employee’s scope of employment duties, or (iii) with use of Mines Resources above and beyond what is customarily provided to students.

10.1.4 Disclosure and Recordkeeping 

1. Mine's employees shall promptly notify the Director of Technology Transfer in writing and make full disclosure of any Intellectual Property owned in whole or part by Mines prior to any public disclosure of the Intellectual Property.
2. Any person working on Mines Research or other activity which might give rise to Intellectual Property owned in whole or part by Mines shall keep periodic records of the activity in a bound notebook, with each entry signed and dated by both the employee or student, as applicable, and a witness having specific knowledge of both the activity and the academic discipline involved.

10.1.5 Formal Protection of Intellectual Property

1. In accordance with the procedures and guidelines set forth by by the Vice President for Research and Technology Transfer, Mines shall determine, in its sole discretion, whether and how to protect any Intellectual Property subject to this Policy.
2. In the event that an application for patent, copyright or other form of protection is decided upon and pursued, Mines has the right to prepare or have prepared, file, and prosecute such application, and the Inventor shall provide full cooperation in such effort. Mines employees and students subject to this Policy shall execute such oaths, powers of attorney, petitions, affidavits, assignments of rights, and such other documents as are necessary to prosecute such application, receive such patents (domestic and foreign), and vest all right, title, and interest therein in Mines, subject to the preemptive rights, if any, of third party contractors or sponsors.

10.1.6 Office of the Vice President for Research & Technology Transfer

The Office of the Vice President for Research and Technology Transfer (VPRTT) is primarily responsible for the implementation of this Intellectual Property Policy. As the chief research officer for Mines, the VPRTT makes all final decisions related to Mines’ Intellectual Property Policy and has ultimate authority for the management and commercialization of Mines Intellectual Property.

10.1.7 Discretion to Assign Rights to Inventor(s)

In the event that the Inventor disagrees with the decision of the VPRTT not to pursue intellectual property protection or commercialization, the Inventor may request in writing that the university assign the rights in the Intellectual Property to the Inventor and any co-inventors.  Subject to any prior contractual or legal obligations owed to third parties or other restrictions and provided that all other co-inventors, if any, of the subject Intellectual Property consent to the request, Mines shall reasonably consider the request.  Any reassignment of rights by Mines to the Inventor shall be made only if any conflicts that arise because of such assignment can be managed.  The assignment of rights will be limited only to the substance disclosed in the applicable invention disclosure form officially on record at the Technology Transfer Office and is further subject to Mines' reservation of rights to use the Intellectual Property for research and educational purposes. 

10.1.8 Revenue Sharing

Revenue Sharing from Licensing of Mines Intellectual Property

1. When revenue is received in exchange for licensing Mines owned Intellectual Property, Mines shall distribute net proceeds as set forth in this section. Net proceeds from the licensed Intellectual Property shall be calculated by subtracting the costs of obtaining and maintaining a patent that are not reimbursed by the party(s) licensing the technology, if any, and all other expenses of commercial exploitation from the gross proceeds. Mines shall be reimbursed for these expenses prior to any further distribution of proceeds from the licensing of the Intellectual Property.
2. Of the first thirty thousand dollars ($30,000) in net proceeds (excluding reimbursement for patent costs), fifteen thousand ($15,000) will be distributed to the Inventor(s) and fifteen thousand ($15,000) to the Office of Research and Technology Transfer for investment in speculative patents.
3. After the initial thirty thousand ($30,000) of net proceeds, any additional revenue will be divided as follows: 35% to the Inventor(s); 35% to the Mines general fund and 30% to the Mines academic department that is the home department(s) of the Inventor(s).
4. Any revenue that Mines collects that is designated in the agreement as reimbursement for past and/or future patent costs shall not be included in net proceeds, but instead shall be provided to the Office of Research and Technology Transfer for the purpose of funding Mines’ patent costs related to the Intellectual Property.
5. In the case of the death of a Mines Inventor, any revenue that is due the Inventor will be distributed to the Inventor’s estate.

10.1.9 Formation of Start-Up Companies and Conflict Management

1. Conflict Management for a Start-Up Company that Involves Mines Employees
   1. Any employee interested in starting up a company based on Mines-owned Intellectual Property shall contact the Office of Compliance and Policy to develop a conflict management plan that must be approved by the VPRTT and Provost, and implemented before the license agreement between the start-up company and Mines can be signed.
2. Conflict and External Work Disclosure Requirements
   1. Mines employees are required to disclose to Mines and obtain institutional approval prior to engaging in any external commitments that may create a potential or actual conflict of interest situation for the employee or Mines, pursuant to Section 6.3 of the Faculty Handbook and the Mines Conflict of Interest Policy. Should an employee’s commitment to or involvement in a start-up company create an actual or apparent conflict of interest, such conflict must be disclosed in a timely manner as outlined in Section 6.3 and the Mines Conflict of Interest Policy.
   2. External work, including external employment, paid services, professional consulting and non-remunerative external commitments must be disclosed and approved in advance of the employee’s performance of such work pursuant to Section 6.4 of the Faculty Handbook. An employee’s commitment to or involvement with an external start-up company (regardless of the employee’s ownership interest in the company) must be disclosed and approved pursuant to Section 6.4.
       
3. Conflict Management Plans for Start-Up Companies
   1. Conflict management plans shall be developed in concert with the Office of Compliance and Policy, the Office of Research and Technology Transfer and the Provost, with input from Mines’ Office of General Counsel and Mines’ Office of Research Administration, as appropriate. The terms of such plans shall be consistent with applicable state and federal law, and Mines policy.
   2. Conflict management plans shall address, but not be limited to, the following: use of students in company-sponsored research; the role of any students in the company; the disposition of any new intellectual property developed; the anticipated time commitment required of Mines employees in the company’s endeavors; and the anticipated use of Mines facilities in support of the company’s work and operations.
   3. Mines may require modifications to conflict management plans should new information arise or situations change. The employee and company will be required to sign and implement the new conflict management plan. If either the employee or company fails to sign and effectively implement the conflict management plan, Mines shall have the right to terminate the license or option agreement. The Office of Compliance and Policy, VPRTT, Provost and Office of General Counsel will work in concert to develop any modifications to conflict management plans.

Promulgated by the Mines Board of Trustees on December 14, 1990.
Amended by the Mines Board of Trustees on June 5, 2009
Amended by the Mines Board of Trustees on May 5, 2017

Revised and Approved by the Mines Board of Trusteed on May 2, 2025