Update on MIT Intellectual Property Policy 13.1.2 - Programs Exempt From MIT's "Significant Use" Policy

July 1, 2018

Recently, MIT changed Section 13.1.2 (“Significant Use of MIT-Administered Resources”) of the Intellectual Property Policy to acknowledge and support its entrepreneurial culture by permitting inventors and authors of intellectual property (IP) developed with MIT funds or facilities to own such IP, if the work was conducted under a MIT “Exempt Program.”    

Under the current “significant use” rule, if intellectual property is developed by MIT faculty, students, staff, visitors, or others participating in MIT programs using significant MIT funds or facilities, MIT owns the IP. 

The updated Policy now also provides the following:

“Intellectual Property developed using MIT funds or facilities by participants in, and solely in conjunction with, a specific MIT program established to support education in innovation or entrepreneurship that has been identified by the Vice President for Research (“Exempt Programs”), is exempt from the “significant use” category and owned by the inventor(s)/author(s), subject to the conditions described below.”

Exempt Programs are approved by the Vice President for Research, and a list of the Exempt Programs, which will be reviewed and revised by the VPR from time to time, can be found under VPR’s Research Policies and Procedures.

It is important to note that participants in Exempt Programs who intend to use existing MIT-owned intellectual property in the performance of their work must first notify the relevant faculty supervisor/advisor or PI and obtain permission from the Technology Licensing Office.  Failure to do so will result in a loss of the exemption. 

Also, participants in Exempt Programs who want to maintain sole ownership of IP should avoid using other MIT funds or working with third-party sponsors and collaborators, as the exemption only applies to the Exempt Program.  Terms and conditions of other funding agreements, grants and collaborations are not affected by this Policy change.

The entire Policy can be viewed here. For more information, please contact Meghan McCollum Fenno.