If the President determines that an invention or discovery is related to employment or the use of the resources of Kentucky State University, patent rights shall be assigned to Kentucky State University with the faculty, staff, or student member having an interest in the invention or discovery and sharing in the returns, as determined by the Board of Regents.

To determine the interest which the faculty, staff, or student shall have, the President shall consider whether Kentucky State University paid, or did not pay, for time spent in the research which led to the invention or discovery. The President shall determine the extent to which University resources were used in the research. The President shall determine the involvement in advice and assistance given to the inventor by associates of Kentucky State University. The President shall determine the relationship which existed between the invention or discovery and the responsibilities of the faculty, staff, or student member.

Should Kentucky State University not initiate a patent search within nine months or a patent application within eighteen months of the receipt of a written report of an invention or discovery, the individual faculty, staff, or student member may apply for a patent and shall own all rights.

In case of sponsored research, the contract between Kentucky State University and the sponsoring agency shall be binding on the faculty, staff, or student members engaged on the project the same as if each were a party to that agreement.