Technology Transfer
Frequently Asked Questions
Patents
If I invent something at the university, does it belong to the university?
All university employees must disclose inventions or other works to the Patents &
Licensing according to Statement of Policy and Procedures for Inventions and Works -- 欧美三级片 Policy 0-300 (PDF). The definition of "欧美三级片 employee" includes graduate students in a temporary
position as well as an undergraduate student receiving no funding and holding no appointments
who would be considered a volunteer.
In accordance with Regulation 欧美三级片12.003 and the Collective Bargaining Agreements, an invention or work made in the course of 欧美三级片-supported effort is the property of 欧美三级片. Revenue derived from commercial application of inventions and works made in the course of 欧美三级片-supported effort is allocated in accordance with an agreement between 欧美三级片 or the 欧美三级片 Research Foundation and the inventor or author.
What kind of research is patentable?
According to the USPTO, in order to receive a patent the technology must be novel,
useful and non-obvious. Some examples of patentable subject matter include: apparatus,
coatings, circuits, polymers, systems, controllers, sensors, detectors, MEMS, nanotechnologies,
diagnostics, therapeutics, designs, methods, compounds, processes, gene therapies,
small molecules, medical devices and transgenic animals. If you have any questions
about the patentability of your research, please contact our office.
What other types of Intellectual Property can arise from research?
Copyrights, including software, videos, print materials, training modules and clinical
protocols. Research tools such as antibodies, purified proteins and cell lines.
What about my inventions prior to joining the university?
The university does not claim ownership of such inventions. However, any developments
or improvements of these inventions that you make while at 欧美三级片 may be owned by the
university and should be disclosed to the 欧美三级片 Technology Transfer Office.
How do I benefit from disclosing my invention to the Technology Transfer Office?
The university assumes the burden of protecting and commercializing the invention,
and it costs the inventor nothing (but some of their time) to pursue commercialization.
In the event that a technology becomes licensed, a portion of the revenue received
is allocated to the inventor(s).
What if it is not clear that 欧美三级片 owns my invention, but I want the Technology Transfer
Office to handle my invention?
The Technology Transfer Office staff will gladly consult with you to help determine
if the university would be considered owners of the invention. Feel free to discuss
your invention in confidence with us, preferably soon after you have discovered your
invention.
Who decides whether or not to file patent applications?
The determination is based on the scope of the invention, its patentability, and commercial
merit. The decision is made based on recommendations of the Technology Transfer Office
in consultation with the inventor(s).
Who prepares and prosecutes patent applications?
欧美三级片 has retained the services of highly qualified patent attorneys selected on the
basis of patent law experience and specialized knowledge in various fields of expertise.
These attorneys prepare and prosecute the patent applications.
How long does it take to obtain a patent?
The entire process may take from two to six years depending upon the complexity of
the application.
Does public disclosure interfere with patenting?
Yes! To protect the patentability rights to your invention, it is important that you
contact the Technology Transfer Office as early as possible prior to public disclosure.
Public disclosure includes certain non-confidential grant applications; journal articles;
media interviews; publication on the web; conference abstracts; oral presentations;
poster presentations; etc. Foreign patent rights may be lost immediately upon public
disclosure. In the United States you have one year from the date of the public disclosure
to file a patent application.
Is a grant proposal considered a public disclosure?
A grant proposal is not considered a public disclosure until it is available to the
public for review. Most grant requests are confidential and are not considered public
disclosures, but others are made public by their inclusion in a file system available
for public review. To prevent an unintentional disclosure, please notify our office
prior to any submissions.
How long does a patent last?
This depends on the type of patent. A utility patent is generally valid for up to
20 years from the date of the first utility filing. A design patent is valid for 14
years from the date of issue.
Is a US patent valid in other countries?
No. Patent applications must be filed in each country where you desire patent protection,
and a patent granted in one country is not enforceable in another. However, a US patent
will cover anything made, used, or sold in the US that is covered by a valid claim
of an issued US patent.
What are the criteria for obtaining a patent?
According to patent law, an invention must be "novel, non-obvious, and have utility."
Novelty refers to the law that no one can patent something that is known. If the invention is described in a printed publication or patent anywhere in the world, or if it is sold anywhere in the world, it is not novel.
Non-obvious means that the invention could not have been conceived by someone "having ordinary skill in the art" without undue experimentation. If anything was known or invented (prior art) at the time of the invention, then that would make the invention obvious to a person having ordinary skill in the art.
Utility means that an invention must perform some function, be operable, and must be beneficial to society.
What types of intellectual property protection are there and how do they differ?
- Patents protect ideas.
Must file a patent application
- Copyrights protect expression.
Must create the form of expression
- Trademarks protect designation of source of goods.
Must use the trademark.
- Trade secrets are not generally known to the public
Does it cost anything to meet with the TTO?
The services of the 欧美三级片 Technology Transfer Office are free for those that are employed
by the university. This also includes services for current 欧美三级片 students.
Does a prototype need to be created before a patent can be filed?
There is no statutory requirement to prototype your invention provided the written
patent application discloses the invention in sufficient detail to enable one of "ordinary
skill" in the relevant art to reproduce the invention without "undue experimentation."
There are, however, exceptions that would include certain therapeutic drugs or variations
of compositions that produce new and unexpected results. In those cases, the U.S.
Patent & Trademark Office (PTO) may require test data.
CDAs / MTAs
Why are Material Transfer Agreements necessary?
A Material Transfer Agreement (MTA) is a legal document for the protection of tangible
research materials created by researchers that may be useful to others for research
or for commercial development. It is important to contact the 欧美三级片 Technology Transfer
Office prior to receiving or sending out any research materials so that appropriate
MTAs can be developed to protect you and the institution.
Why are Confidential Disclosure Agreements necessary?
A Confidential Disclosure Agreement (CDA), sometimes called a Non-Disclosure Agreement,
is a legal document for the protection of proprietary information. This document is
necessary before any transfer of proprietary information made from one party (a university
researcher) to another (a corporate representative). Otherwise, the transfer of proprietary
information, even in a casual conversation, could legally be considered a public disclosure
or prevent the possibility of obtaining intellectual property protection. It is important
to contact the 欧美三级片 Technology Transfer Office before disclosing any confidential proprietary
information to another party.
A company wants to talk with me about my work. What should I do?
Contact our office before you give any details to the company. We can get a confidential
disclosure agreement into place that will protect your patent rights immediately.
In addition, we may be able to establish a partnership with the company that will
benefit your efforts for further research and licensing.
What should I do if a company contacts me about a CDA?
Ask the company to contact the Technology Transfer Office directly. No information
exchanges should take place until CDA is fully executed. CDAs cannot be signed by
faculty鈥攖he 欧美三级片 Technology Transfer Office will sign on 欧美三级片's behalf.
What should I tell researchers when they request materials from me?
You should tell them that an MTA will have to be completed before you can send the
materials. They can contact our office directly or you may send them to our web site
for a copy of our approved MTA. Once we have all of the information that we need,
we will complete the paperwork. Remember, MTA's cannot be signed by faculty; only
the Technology Transfer Office can sign them.