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| Term | Definition |
|---|---|
| Applicable Invention | an Invention, wholly or partially created by one or more Researcher, Staff and/or Student (i) in the course of their employment by the University and/or (ii) with Use of University Facilities. |
| Computer Software | any set of instructions or statements, expressed, fixed, embodied or stored in any manner, that is to be used directly or indirectly in a computer to bring about a specific result. |
| Contributor | any person who has made a material intellectual or artistic contribution to Intellectual Property. |
| Independent Commercialization | the commercialization of Intellectual Property without using the commercialization services of the University. |
| Indigenous Research | “research in any field or discipline that is conducted by, grounded in or engaged with First Nations, Inuit, Métis or other Indigenous nations, communities, societies or individuals, and their wisdom, cultures, experiences or knowledge systems, as expressed in their dynamic forms, past and present” (Social Sciences and Humanities Research Council , Government of Canada 2021). |
| Intellectual Property Agreement (IPA) | an agreement between the University and one or more Researcher and/or Student that outlines the required terms for the commercialization services to be provided by the University in relation to an Applicable Invention, including the process for the conveyance of ownership to the University, and the sharing of any net proceeds of commercialization. |
| Intellectual Property | any subject matter that is a result of intellectual or artistic activity that can be owned and may or may not be eligible for protection by Intellectual Property Rights; such as, but not restricted to, works (including, e.g., creative works, documentation), Computer Software, inventions, trade-marks, industrial designs, trade secrets, data, and confidential information. |
| Intellectual Property Rights | any right relating to Intellectual Property, such as, but not restricted to, rights to register copyrights and rights under copyrights, moral rights, rights to obtain patents and rights under patents, rights to register trade-marks and rights under trademarks, rights to register industrial designs and rights under industrial designs, rights under trade secrets and confidential information, and other similar rights in any country. |
| Invention | any Intellectual Property that is a new and useful art, process, machine, manufacture, or composition of matter, or any new and useful improvement in any art, process, machine, manufacture, or composition of matter, whether or not it would be eligible for a patent. |
| Invention Disclosure Form | the form that one or more Researcher, Staff, and/or Student completes for submission to Queen’s Partnerships and Innovation to describe an Applicable Invention, which may include, among other information, an outline of relevant scientific and technical information, potential industry partners, sources of research funding used, and a list of all possible Contributors. |
| Researcher | faculty members (whether part-time, full-time, emeritus or adjunct status) and post-doctoral fellows employed by, cross-appointed to, or under contract to provide personal services for the University. |
| Staff | administrative, professional and support staff including technicians, teaching and research assistants employed by the University, or under contract to provide personal services for the University. For clarity, where a person fits within the definition of both Staff and Student, for the purposes of this Policy the person shall be considered Staff with respect to any Intellectual Property created in the performance of their employment (e.g., assigned or tasks within scope of role description), except for any Intellectual Property created for the purposes of their academic studies where the person shall be considered a Student. |
| Student | all full or part-time students enrolled at the University, including without limitation undergraduate, graduate and visiting or exchange students from other institutions. |
| Supported Research | research conducted, in whole or in part, by the University through its Researchers, Staff and/or Students, under an agreement between the University and one or more persons or other legal entities external to the University as outlined in the Queen’s Research Administration Policy. |
| University or Queen’s | Queen’s University at Kingston, Ontario, Canada |
| Use of University Facilities | means the non-trivial use of a University research facility under the supervision of a Researcher. For the purposes of this Policy, use of University resources commonly available to Researchers and/or Student(s), such as wireless networks, maker spaces, libraries and other spaces open to the public, shall not be considered “Use of University Facilities” |