Prince Sultan University
Prince Sultan University Policy Template
Intellectual Property Policies
PSU Policy Code | RS0006 |
Original Adoption | 2 February 2017 |
Policy Title | Intellectual Property Policies |
Policy Owner | Research and Initiatives Center |
Responsible Office/Department | President |
Approved By | University Council |
Most Recent Review | 15 / 5 / 2024 |
Effective Date | 15 / 5 / 2024 |
Policy Statement
First: The University Inventions
The inventions and innovations that the university staff come up with—whether faculty members, employees, collaborators, visiting professors, or students—belong to the university, with their right to obtain appropriate compensation determined by the university in accordance with this policy, based on paragraph (b) of Article 6 of the Patent System, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Models.
According to the following conditions:
- If the invention is a result of the assignment of one or more of the university staff, under the full guidance, supervision, and management of the university.
- If the invention is a result of the use of university resources and capabilities in developing the invention course of work.
- If the invention is a result of the university’s staff work during official working hours or study period, and in their exact field of specialization.
- If the invention is a result of a research grant, contract, or agreement with the university, under which rights transfer to the university (this is a general condition in university grants and agreements). The university may assign the intellectual property rights to the inventor if the university has no interest in it, based on a recommendation of the Innovation Center, accepted by the Advisory Council, and approved by the University President.
Second: Inventions Made Through Partnership Agreements
- Define the previous intellectual property of each party before entering any partnership; it is not affected by the partnership contract.
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Ownership during partnership:
- Invention by university employees without partner resources: university property.
- Invention by partner affiliates without university resources: partner property.
- The university seeks co-ownership or exclusive licensing according to financial and technical contributions.
- Joint invention: joint ownership managed per the partnership agreement.
Third: Invention of the Employee while on Official Mission at a Host Facility
Obligations and rights are the same as if made at the university, taking into account the agreement with the host facility.
Fourth: Contractor’s Invention
The same provisions of university employees apply to contractors, unless otherwise specified.
Fifth: The Invention of the Visiting Professor and the Resident Student
- They must disclose any previous obligations regarding ownership and disclosure.
- The same provisions relating to university employees apply, unless otherwise specified.
Sixth: Beneficiary’s Invention
The agreement with the beneficiary regulates the rights and duties of the parties. If ownership is designated to the beneficiary, the agreement must grant the university an exclusive, free right for a reasonable time to obtain a license in fields of importance to the university; this applies to other IP types as well.
Seventh: National Security Inventions
Subject to the provisions of the Law issued by Royal Decree No. (M/27) on 05/29/1425 AH and its amendments under Council of Ministers Resolution No. 536 dated 10/19/1439 AH.
Background and Justification
The policy is based on the “Patents and Planning Designs for Integrated Circuits, Plant Varieties and Industrial Models” promulgated by Royal Decree (M/27) dated 29/5/1425H and its Implementing Regulations.
Scope and Purpose
- This policy applies to universities and research centers in the Kingdom of Saudi Arabia.
- It includes all R&D activities funded by the university, the state budget, other parties, or partners (except private contractual projects with specified outputs for the private funder).
- It covers all IP areas: patents, copyrights and related rights, trademarks, plant varieties, integrated circuit designs, undisclosed information, and others.
- It applies to IP products produced in facilities owned/managed/supervised by the university or financially supported by it or in partnership with it.
- After approval by the University Council, it applies to: faculty and the like, students, employees, visiting professors, consultants, contractors, and any related party specified by the university.
Principles of the Policy
- Comply with relevant Saudi regulations and not conflict with international treaties to which the Kingdom is a party.
- Take effective measures to protect the university’s intellectual property rights.
- Support, enable, and commercialize innovations.
- Support the university’s strategic plan and enhance its scientific, research, and social standing.
- Respect the intellectual property rights of others.
Definitions
The following terms shall have the meanings indicated unless the context requires otherwise.
- Policy: The University’s Intellectual Property Policy.
- Ministry: Ministry of Education.
- University: Prince Sultan University.
- System: The university system issued by Royal Decree No. (M/27) on 27/2/1443 AH.
- Faculty Member / Employee / Student / University Staff / Visiting Professor / Partner / Partnership / Beneficiary: As defined in the policy.
- Intellectual Property: Outputs of human creativity (inventions, trademarks, copyrights, drawings, designs, models, concepts, processes, technologies, databases, trade names, plant varieties, trade secrets, etc.).
- Invention / Patent / Trademark / Industrial Models / Trade Secrets / Protection Document / Inventor / Work / Author / Copyright: As defined.
- International Application / Patent Cooperation Treaty (PCT): As defined.
- Previous Intellectual Property / Funding / Funding Agreement / Commercial Exploitation: As defined.
- The Office / Advisory Council / Intellectual Property Management: Internal entities at the university for IP management.
- Tangible Research Property / Disclosure / Disclosure Forms / Gross IP Revenue / IP Expenses / Non-exclusive or Exclusive License / Revenues: As defined.
- Intellectual Property Department/Office (“Unit”): Linked to the Innovation Center; implements and follows up IP policy and documentation.
Responsibilities and Implementation Strategies
First: Disclosure
No disclosure of ideas and inventions is allowed before notifying the Intellectual Property Department/Office at the Innovation Center and obtaining written approval. Early public disclosure may lead to loss of protection rights; prior permission is required before any disclosure outside the university (conferences, exhibitions, publications, etc.).
A. Disclosure Procedures
- Prepare necessary disclosure forms (electronic/paper) and explain them clearly to the discloser.
- Commit to full disclosure within the period specified by the Office, clearly and explicitly.
- Maintain, document, and classify disclosed information and preserve confidentiality.
B. Evaluation of the Disclosed Invention
- Professional evaluation within a period specified by the Office.
- Seek technical experts or competent authorities with confidentiality measures as needed.
- Notify the discloser of the evaluation result and subsequent actions; if agreed, complete procedures per policy. If not, refer both views to the Advisory Council.
Second: Inventions Filing and Registration Strategies
1) Registration of Protection Application
- The university seeks to protect patentable inventions when elements are present (novelty, clarity, industrial applicability).
- Initial eligibility assessment by the IP Office.
- Engage external entities when needed, prepare technical reports, train staff, and allocate appropriate rewards.
- Adopt a geographic filing strategy based on economic value, usage locations, and expected impact.
- Leverage the PCT system (enter national phase after international examination and per the defined strategy).
- Prioritize filing in the Kingdom to benefit from priority rights.
- File in countries of economic interest; appoint agents and follow up fees.
- The university bears filing fees for applications it owns; for joint inventions, costs are shared per ownership. If another party owns the right to apply, that party bears fees unless under university support programs.
2) Authorized Entities for Patent Registration and Protection Documents
- Saudi Authority for Intellectual Property (within KSA).
- International governmental patent offices (outside KSA).
- International filing via PCT; SAIP is authorized to receive PCT filings.
3) Patent Application Procedures at Any IP Registration Office
- Submit via the approved university form including: disclosure form, clear description with drawings, and signed declaration.
- Assign a serial number based on receipt date and provide a receipt to the applicant.
- Conduct prior art/technology searches.
- Perform technical and market studies with specialists and the inventor/innovator.
- Present results to the Innovation Center for decision.
- If accepted: set an estimated budget following Advisory Council recommendation and President approval.
- If rejected: notify the applicant with reasons.
- Appeal may be filed to the Advisory Council within 60 days of notification.
Procedures for Handling Policy Violation
Apply the disclosure and confidentiality rules above: no public disclosure before approval; use official forms; meet deadlines; protect confidentiality. Any violation is handled through the competent university channels and applicable regulations.
References
https://saip.gov.sa/privacy-legislation/#regulations_and_regulations