We are here to assist with disclosure obligations under University policy and sponsor
agreements. Innovation disclosure starts with completing an innovation disclosure
form. Innovation disclosure is critically important. The University, inventors, and
sponsors may lose significant rights if disclosures are not made promptly.
Under University policy, the University owns certain intellectual property created
using significant University resources or created by employees within the scope of
their employment. Intellectual property created under a sponsored program is subject
to the terms of the sponsor agreement. If University-owned IP is commercialized, under
policy, the creator may be eligible for 50% of the net revenue received by the University.
View Innovation Disclosure Form
Protecting intellectual property is essential to any commercialization effort. However,
before any innovation or technology can be protected, it must first be submitted through
our Office. It is essential to submit an innovation disclosure before publishing or
publicly presenting any material related to the innovation. Patent protection may
become limited or even unavailable if the innovation is disclosed prior to submitting
to our Office.
Our role is to evaluate whether the innovation can be protected and, if so, navigate
the process of patent, trademark, or copyright, as appropriate. This facilitates the
future prospect of licensing the innovation.
The following flow diagram outlines the technology transfer process for University-owned intellectual property:
The University's intellectual property policy (Policy #136) governs intellectual property made or created by full and part-time University employees (faculty, staff, students) and others participating in University research activities or using significant University resources.
The IP policy is currently undergoing revision under the University's four stage review
process. Goals of the new draft include:
Questions regarding the current policy and the working draft of the revised policy may be directed to our Office.
A material transfer agreement (MTA) is a written contract between a provider and a recipient of research material.
MTAs are important because they specify the rights, obligations, and restrictions of both the providing and receiving parties with respect to issues such as publication, freedom of research, confidentiality, and intellectual property.
Typically, for incoming materials, the provider of the material will require the use of its own MTA form. For the purpose of outgoing material transfers, UVU has a standard MTA agreement to cover these materials. Whether the material is incoming or outgoing, agreements are negotiated by our Office.
UVU is a signatory to the Uniform Biological Material Transfer Agreement (UBMTA), a contracting mechanism published by NIH to facilitate the transfer of biological materials between academic institutions. For signatories of the UBMTA Master Agreement, it is not necessary to negotiate individualized terms for each transfer of a biological material. Instead, an "Implementing Letter" is executed, which denotes the biological material as well as the providing institution and receiving institution. Whenever possible, an Implementing Letter will be utilized to expedite the transfer of applicable biological materials.
MTAs (incoming and outgoing) must undergo a compliance review to ensure that the appropriate compliance protocols are in place for:
Live animals - Institutional Animal Care and Use Committee (IACUC).
Human tissueand/or data - Institutional Review Board (IRB).
Capstone projects, studio projects, and student design projects represent partnerships between the University and government or industry sponsors.
These projects are usually part of senior-level undergraduate courses or graduate
courses that provide students the opportunity to apply what they have been learning
in the classroom to real-world problems. These types of projects are mutually beneficial
to the sponsor and UVU. The students and faculty see real issues facing organizations
and companies, and the sponsor benefits from bright minds looking at an idea, issue,
or problem from a fresh perspective. It also provides an opportunity for the sponsor
to recruit UVU's best talent.
Under University policy, any intellectual property created in a course belongs to
the student. Sponsor may request that intellectual property created under a capstone
project be assigned to sponsor, but this must be made through a written IP assignment
agreement prior to initiation of the project. It is the responsibility of the sponsor
to obtain this assignment from the student. For a student who does not wish to assign
such rights, faculty will ensure there are one or more comparable projects or courses
available for selection that do not require such assignment and will satisfy graduation
requirements.
In many cases, authors are asked to sign publishing agreements that limit or undermine their ability to use their works in the future. Do you want to retain the right to post your article on your course website? Do you want to share copies of your articles with your colleagues or students? Authors can use the following addendum to retain rights to use works they have authored. This addendum is compliant with the University's IP policy (Policy #136).
The following forms and sample agreements are provided to assist faculty and staff. Questions may be directed to our Office.
Confidential Disclosure Agreement (Mutual)
UVU Testing Services Agreement
InnovaBio Research and Development Agreement
Governmental Entity Addendum ("GEA")
Creative Works License & Model Release Form
Student/Video Photo Consent Form & FERPA Release
Student Agreement to Publish Course Work under Creative Commons License
Policies:
Intellectual Property (Policy #136)
Conflict of Interest & Commitment (Policy #114)
Sponsored Programs (Grants, Contracts, Cooperative Agreements) (Policy #137)
Contract Review and Signature Authority (Policy #247)
Sites:
Office of Intellectual Property & Technology Transfer
Trademarks & Licensing Program
Patent:
U.S. Patent and Trademark Office
Google Patent Search - Google patent search tool
Patently-O - Patent blog
Copyright:
Trademark:
U.S. Patent and Trademark Office
Other:
Silicon Slopes - Organization supporting Utah's startup and tech community
