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Division of Research and Graduate Studies

Where do I Start?

INTELLECTUAL PROPERTY, PATENTS, TECHNOLOGY TRANSFER, AND COMMERCIALIZATION

BASIC STEPS

Step 1 -- DETERMINE IF YOU HAVE AN INVENTION  -- A member of the Faculty, Staff or Student determines that she or he may be developing or have already developed an INVENTION, DISCOVERY OR INNOVATION that could be patented or commercialized. /grants/proposal/policies/intellectualandpatent.shtml

Step 2
-- FILL OUT AND SUBMIT AN INVENTION DISCLOSURE FORM – To the Office of Research and Sponsored Programs (ORSP) .   /grants/proposal/forms/patentform.shtml

Step 3: ORSP REVIEW -- The Office of Research and Sponsored Programs collects preliminary information for review by the PATENT BOARD or INTELLECTUAL PROPERTY COMMITTEE.

Step 4:  PATENT BOARD REVIEW– Reviews information to determine: (1) if the University has provided EXTRAORDINARY RESOURCES or will in the future; (2)  if the INVENTION has strong potential to receive a patent or to be commercialized; and (3) if the University has an EQUITY INTEREST.

Step 5: THE PROVOST DECIDES THE NEXT STEP – Based on the Patent Board’s recommendation, the Provost decides whether or not to have the UNIVERSITY OR FOUNDATION take further action, such as making an application for a patent, providing support for commercialization.

Step 6: AGREEMENT WITH THE UNIVERSITY – If the University determines it has an EQUITY INTEREST and/or it decides to provide more financial support on your behalf, then you either negotiate a separate agreement or assume a DEFAULT AGREEMENT.

Step 7-- ONE OF THREE OPTIONS!!!
Option 1 - IF THE UNIVERSITY HAS EQUITY INTEREST AND PROVIDES MORE SUPPORT

  • SEEK PATENT PROTECTION WITH UNIVERSITY SUPPORT
  • FURTHER DEVELOP, TRANSFER OR COMMERIALIZE INVENTION
  • REPAY UNIVERSITY EQUITY INTEREST FROM GROSS INCOME
  • SPLIT NET PROFITS 50/50 OR BY OTHER PRE-DETERMINED FORMULA

Option 2 - IF THE UNIVERSITY HAS EQUITY INTEREST BUT NO ADDITONAL SUPPORT
Creator/Inventor proceeds on own behalf with obligation to repay University from first gross income. After repaying, you go forward on your own.
Option 3 – IF THE UNIVERSITY HAS NO EQUITY CLAIM OR FUTURE INTEREST
Creator/Inventor goes forth, maybe takes on partners, accepts all the risks and (hopefully) prospers!