Carnegie Mellon University
Intellectual Property - Guidelines

(Policy References relate to Carnegie Mellon Intellectual
Property Policy issued July 30, 1985)

TTO Guideline Reference No. 94-6

Release of IP to the "Public Domain," incl. Commercialization Rights

a. What is "Public Domain"?
"Public Domain" means such works as inventions, and methods of manufacture, processing or doing business that are owned by no particular person or entity and that may be freely used by anyone. Such works belong to the public as a whole. Anyone is free to use them any way one wishes without asking anyone's permission, including commercialization. And no one can obtain copyright or patent protection for public domain material.

b. How Does an Intellectual Property move into the Public Domain?

(1) by Default:

• For works subject to copyright: (1) works in which the copyright was lost (e.g., all rights are lost if the owner does not take timely steps to abate infringement) , (2) works in which the copyright expired and (3) works authored or owned by the federal government.
• For works which could have been patented: By publication or other public disclosure of essential patentable information, or by public demonstration of the invention, more than one year before the filing of a patent application.

(2) by Deliberate Act:

• Copyrighted materials: The owner of the IP can put it in the Public Domain by explicitly releasing ownership and authorizing the free use by anyone for any purpose. This can be accomplished by affixing a notice to the IP stating such (e.g., some freeware and shareware contain these notices)
• IP protected by a valid patent: The owner may publicaly declare that no action would be taken against infringers, or may dedicate the patent to the public.

c. Rights at Carnegie Mellon to put a work into the Public Domain:
"3-5. Public Dedication
Ownership Provisions: Except when limited by subparts 3-1, 3-2, 3-3, 3-4, or 3-6-4 above, the creator of any intellectual property may choose to place his or her creation in the public domain. In such cases both the creator and the university waive all ownership rights to said property."

Key questions: Was the work externally sponsored (3-1), or internally sponsored (3-2), or subject to a specific agreement (3-3), or within scope of employment (3-4), or governed by substantial use of university facilities (3-6-4)?

• If NO—the creator owns the IP and may release it into the Public Domain at his/her discretion.
• If YES—the IP is owned by Carnegie Mellon, and a release to the Public Domain requires the prior agreement of the director of Technology Transfer, acting on behalf of the provost.

Placing code on the Internet does not transfer ownership of the copyright but may create a bar date for patenting purposes.

With respect to copyright, placing code on the Internet is considered a public performance or display, and does not of itself constitute publication. However, it is considered an act of publication, if the owner distributes copies by sale or other transfer of ownership, or by rental, lease or lending.

With respect to patenting, the concept of publishing has no meaning. However, patent law does provide:

• any publication, disclosure or public demonstration of the invention, prior to filing for a patent, immediately eliminates any possibility of obtaining foreign patent rights in a significant number of foreign countries;
• any such publication, disclosure, etc. also eliminates any possibility of obtaining United States patent rights unless a U.S. Patent application is filed within one year from the date of such activity.