Revision Date: August 2015
The Capstone Project is a requirement of the Master of Engineering degree (MEng) offered by the University of California, Berkeley. The project is an essential component of a year-long, 5 semester unit (or equivalent) course conducted through UC Berkeley and/or a Capstone Project Partner. The results of these projects may lead to some useful applications, and in some cases a non-UC partner (such as one from industry or an external research organization) is involved in the work. All projects should address real-world problems, and are therefore externally relevant. The following guidelines are helpful for information sharing and intellectual property (IP) considerations when working with a capstone project team:
From an IP perspective, there are two types of projects:
1. University – “University” projects are those that originate from an advisor who is a current employee of the University of California (UC) system.
Except as otherwise provided in UC Patent Policy ownership of inventions and patents created in the performance of the Internal project is generally retained by the University when: (1) project employees or project persons not employed by the University, use University research facilities, or (2) project employees or project persons receive gift, grant, or contract funds through the University for the performance of the University project. For the purposes of inventions and patents, research facilities generally do not include University offices, libraries, and other resources generally available to students, like desktop or laptop computers.
MEng students are subject to the UC patent policies when working on University projects. Specifically, according to section VI-A-1 the UC Patent Program (http://policy.ucop.edu/doc/3420363/BFB-G-40), students are required to sign the UC Patent Acknowledgement if they are considered “University employees” or when “[participating] in an extramurally funded research project.” Note that this does not apply to external projects (see #2 below) where substantial UC resources are not being utilized.
Except as otherwise provided in UC Copyright Policy, ownership of copyrights to works made in the performance of an Internal project is generally retained by the University when (1) made by University employees in the course and scope of their employment, or (2) made with the use of University-administered funds. A work prepared by a University employee within the scope of his or her employment is considered a “work made for hire.” When a work qualifies as a work made for hire, the employer or commissioning party generally retains title.
If, in any case, the application of the two policies above gives rise to a conflict, the ownership principles of the UC Patent Policy apply.
2. Partner – “Partner” projects are those that originate from a project advisor who is not a UC Berkeley employee, and will not utilize substantial UC resources, research facilities, or equipment to complete the project work. In general, partner projects are supported predominantly by information, resources, and guidance provided by the external collaborating organization, and will only use UC resources for ancillary support. Use of ancillary UC resources such as libraries, computer network access, and general work/study spaces would not considered “substantial” use. Core University resources that are used by capstone teams under contracts with the University (e.g, QB3 Garage) are governed by the terms of those contracts. Personal support such as prize money (business plan competitions, venture lab prizes, etc.), scholarships, and financial aid are also not University support. Partner projects are not subject to UC patent policies so long as they adhere to these guidelines.
Partner projects may result in IP that is proprietary and owned by the outside company/organization.
Regardless of project type, a company or University group may need to share proprietary or confidential information with students to make the project a better experience and learning case. Students may need to sign a Non-Disclosure Agreement (NDA) in order to receive this information. In this case, the students and sponsoring advisor agree not to make the disclosed information publicly available either in the form of a project report or as raw information.
However, project advisors must note that MEng students need to have the ability to use information from their Capstone project to complete their academic requirements, including in reports submitted in classes, periodic project update presentations, Expo and Showcase and a final written report and a final oral presentation to a broad audience. NDAs must be flexible enough to allow the students to complete their degree requirements, and project advisors must be aware that some level of disclosure to MEng leadership, students, and guests is inherent within the academic structure of the capstone projects. All Participants requiring an NDA to participate should attempt to use the standard UC Berkeley or a form commonly used by the partner organization.
For more information or assistance, please consult Berkeley IPIRA . If uncertain, please contact Laleh Shayesteh.