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About Intellectual
Property
Highlights
of the UNI Intellectual Property Policy
Intellectual Property
Committee
Profiting
from Intellectual Property
How to
Claim Intellectual Property Rights
Further
Information About Intellectual Property
Intellectual Property (IP) can be defined
as any new, novel, and useful product that is created by the
mind of individuals through their own research and development.
The creation of new inventions and improvement of earlier
technologies are the primary driving force of our economy
today. In order to expand and run more efficiently, our economy
relies on the sharing and transfer of technology.
Technology transfer will be achieved only
if the creators benefits from sharing their original work
and ideas with the public. The public compensates creators
for their work by granting them Intellectual Property protection
in the form of patents, copyrights, trademarks, and trade
secrets. These forms of IP protection provide inventors and
authors with exclusive rights to the benefits of their creation,
and allow the creator to license or sell these exclusive rights
for a profit.
- Patent: protects an
invention for 20 years from the date of filing.
- Trade secret: is any
information, device, method, formula, etc. whether or not
copyrightable or patentable, which is not generally known
or accessible apart from the University, and which gives
competitive advantage to its owner.
- Copyright: protect written
and artistic works for the life of the author plus 70 years.
- Trademark: protects
icons such as words, names, symbols, or designs that symbolize
a certain individual or organization, for as long as the
icon remains in regular use. Examples include “UNI”,
“Nike”, and “GM”.
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The complete policy can be found on the
UNI Policies and Procedures page: http://www.uni.edu/pres/policies/1003.shtml
The President of the University appoints
an Intellectual Property Officer and an intellectual Property
Committee consisting of faculty and staff members who are
chosen to serve staggered three-year terms. These individuals
assist the Office of Intellectual Property and the UNI Research
Foundation in the protection and management of intellectual
properties.
University employees, students and other
individuals using University Facilities in the development
of intellectual property and those who receive grant or contract
funds through the University are required to assign inventions
and patents to the UNI Research Foundation.
The UNI Research Foundation agrees to pay
inventors a royalty share of the net proceeds for each patent
or other intellectual property right assigned to the UNI Research
Foundation.
The University will not assert ownership
of copyrightable materials produced by faculty members as
a part of their normal teaching or scholarly activities at
the University unless University ownership is specifically
provided for in a related agreement.
A student author of a thesis shall own the
thesis copyright but must, as a condition of a degree award,
grant royalty-free permission to the University to reproduce
and publicly distribute copies of the thesis.
Research and other information about IP
development will be made available in the UNI Library, once
IP rights have been claimed.
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The Intellectual Property Committee (IPC)
is a faculty and staff organization initiated in 1998. The
Committee was instituted in response to the growing number
of technologies being developed, copyright concerns, and trademarks
managed by University Departments and associated Centers.
The mission of the IPC is to support, promote, and encourage
the patenting, copyrighting, trademarking, and licensing of
works developed at UNI. The IPC also works to maintain and
update the IP policy as well as assist with licensing and
disbursement of revenue as needed.
Permanent Standing Committees have been
specifically designated to provide assistance on copyright
and trademark issues. For assistance with these issues, contact
the Chairs of the UNI Copyright Committee or UNI
Trademark Committee.
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One of the greatest incentives to patenting,
copyrighting or securing a trademark is the potential to move
the creation into commercial use. The route that best accomplishes
this is the pursuit and negotiation of a license agreement
with an interested company. The license agreement is written
permission for a company to produce or use the creation. A
book written by a University professor might also be licensed
in order to be printed. A patented technology, such as a new
industrial machine, is a good example of something that might
be licensed. In exchange, the licensee pays a royalty for
the privilege of using the IP.
After paying expenses that result from pursuit
of most forms of IP (i.e. lawyer fees, application fees, patent
searches), the net proceeds are distributed as defined in
the University of Northern Iowa Patent Policy. The first $10,000
of profit from the technology is awarded to the creator(s).
After this initial award, the profits are shared between the
creator(s) and the University. This is referred to as profit
sharing. The creator receives 50% of future profits and the
University is entitled to the remaining 50% of future profits.
The University’s share is distributed to the Research
Foundation and the University Sponsoring Unit, which receives
20% and 30% of the total profits, respectively.
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Research Foundation -
The incorporated unit through which University intellectual
properties are managed, and profits from intellectual properties
are received, disbursed, and managed.
University Sponsoring Unit
- The College(s), or Administrative unit outside the College,
or the applicable Divisional Vice President which contributes
the support for personnel time, procurement, and/or prototype
development of the intellectual property.
Net Proceeds - The gross
receipts derived from trademarks, trade secrets, materials,
inventions, discoveries, and/or intellectual properties, including
but not limited to, rents, royalties, dividends, earnings,
gains, and sale proceeds less development costs.
The official policy can be found on the
UNI Policies and Procedures page: http://www.uni.edu/pres/policies/1003.shtml
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When UNI employees create a new, novel,
and useful product, they should contact the Intellectual Property
Officer for support in the intellectual property process.
Timing of this disclosure is especially important. In order
to obtain full intellectual property rights, the earliest
communication is recommended. Disclosure to the IPC must be
done before any type of public exposure, including publication
or public presentation. Pre-patent public exposure can result
in the loss of patent rights.
Detailed procedures for claiming Intellectual
Property rights is found at the following links.
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The U.S. Office of Patent and Trademarks
can be found at:
http://www.uspto.gov/
The U.S. Copyright office is found at: http://lcweb.loc.gov/copyright/
Another good website is the Association
of University Technology Transfer Managers at: http://www.autm.net/
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