You are not going to get a straight answer on this question. There are so many facets that are going to come into play that each case has to be dealt with separately.
Some of the things that you may have to consider. As a research assistant it is very likely that you will be grouped into a "work-for-hire" category, which places you a weaker footing. This is the case whether the money for the project was internal to the university or through another source. At the end of the day, the University hired you.
Another factor is the perception of the code. If it is viewed as a "product" the University will retain it - even more likely is that the federal sponsor will argue a stake in it.
The Bayh-Dole act has had an interesting effect. It "forces" that Universities protect their IP, and work to commercialize. The intention was to get new know-how to the market. The side affect has been that everyone is a little bit more aware of the potential that lies in the IP. I have seen mixed reports on the effectiveness of the Bayh-Dole Act. What I have however seen is an increased interest by Universities to retain IP. In most cases, faculty and researchers listed on projects will be given consideration of ownership of the IP (at least shared). In fact many Universities now have policies that are quite explicit about ownership distribution and who stands to make what of IP (e.g. http://www.drexel.edu/provost/policies/copyright.asp, http://www.research.northwestern.edu/ori/copyright/CopyrightPolicySept2006.pdf). Northwestern mentions work-for-hire specifically which I suspect you fall under.
In any IP discussion you will get a mass of moral and ethical viewpoints. Careful not to pay to much heed to these. Under some of those arguments, I should be able to lay claim to e-Bay, after all, it was my idea (I think).
Best suggestion, get legal advice; and not from the University lawyers or IP office.
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You are not going to get a straight answer on this question. There are so many facets that are going to come into play that each case has to be dealt with separately. Some of the things that you may have to consider. As a research assistant it is very likely that you will be grouped into a "work-for-hire" category, which places you a weaker footing. This is the case whether the money for the project was internal to the university or through another source. At the end of the day, the University hired you. Another factor is the perception of the code. If it is viewed as a "product" the University will retain it - even more likely is that the federal sponsor will argue a stake in it. The Bayh-Dole act has had an interesting effect. It "forces" that Universities protect their IP, and work to commercialize. The intention was to get new know-how to the market. The side affect has been that everyone is a little bit more aware of the potential that lies in the IP. I have seen mixed reports on the effectiveness of the Bayh-Dole Act. What I have however seen is an increased interest by Universities to retain IP. In most cases, faculty and researchers listed on projects will be given consideration of ownership of the IP (at least shared). In fact many Universities now have policies that are quite explicit about ownership distribution and who stands to make what of IP (e.g. http://www.drexel.edu/provost/policies/copyright.asp, http://www.research.northwestern.edu/ori/copyright/CopyrightPolicySept2006.pdf). Northwestern mentions work-for-hire specifically which I suspect you fall under. In any IP discussion you will get a mass of moral and ethical viewpoints. Careful not to pay to much heed to these. Under some of those arguments, I should be able to lay claim to e-Bay, after all, it was my idea (I think). Best suggestion, get legal advice; and not from the University lawyers or IP office.