OTT Frequently Asked Questions
1. Is my idea an invention?2. Is my invention patentable?
3. Can I look up a patent or do patent research on my own?
4. At what point should I disclose my invention to IURTC?
5. After sending my disclosure, how soon will I hear from IURTC?
6. I collaborated with colleagues at another university (or a company), how will the invention be handled?
7. How do my previous publications and presentations affect my ability patent my invention?
8. Will filing a patent restrict my ability to publish or present my work?
9. If my invention is licensed, how is the revenue shared?
10. Can my invention be licensed to a start-up company?
11. Can I pursue my invention personally if IURTC decides not to?
Inventions come in many forms and they don’t all need to be patented to be commercialized. Examples of inventions include: software, devices, research reagents such as antibodies and transgenic mice, new drugs and new uses for existing products. If you’re unsure about whether your idea is an invention, please submit a Pre-Disclosure Form so we can discuss your idea fully. back to top
2. Is my invention patentable?
For an invention to be patentable it needs to meet a number of legal requirements. A patentable invention may be a material, a process or method, a new use for an existing material, or an improvement of any of these. It must also be useful, not previously known or described and not obvious to others working in the field. Patent law is much too complex to answer this question in such a short space, but IURTC is here to work with you to make a determination about the patentability of your invention. back to top
3. Can I look up a patent or do patent research on my own?
Yes, access to issued US patents and published US applications is free to the public at the US Patent and Trademark website. You can look up a specific patent or find patents using a number of search criteria. When deciding whether an invention is patentable it is important to know what else has been patented in the field and the inventor is encouraged to be involved in this process. back to top
4. At what point should I disclose my invention to IURTC?
We encourage you to disclose as early as possible. Even if you are unsure about whether your ideas or data are actually an invention, submit a Pre-Disclosure Form so we can help you. Nothing is harmed by disclosing your invention too early to IURTC, but patent rights may be lost if you talk to us too late! back to top
5. After sending my disclosure, how soon will I hear from IURTC?
You will receive a letter within a week confirming a complete Disclosure Form was received. This letter is copied to the Chairman of your department, the Dean of your school, and the Chancellor of your campus. The case manager from IURTC will contact you within two weeks from the time the office receives your Invention Disclosure Form. If the form is incomplete, someone from IURTC will contact you within a few days to request the information needed to complete the form. If you have submitted a Pre-Disclosure Form you will be contacted within two business days. Unlike Invention Disclosure Forms, Pre-Disclosure Forms are not copied to the Chairman, Dean and Chancellor. back to top
6. I collaborated with colleagues at another university (or a company), how will the invention be handled?
IURTC will work together with the other university (or company) to determine how to proceed. If there are inventors on a patent from IU and another university then the patent is co-owned by IU and the other university. An agreement will be put in place which addresses issues such as ownership, responsibility for patent costs and commercialization efforts, and revenue sharing. back to top
7. How do my previous publications and presentations affect my ability patent my invention?
There can be significant restrictions on the ability to patent information that has been disclosed publicly. Foreign patent rights are lost immediately upon public disclosure and in the US you only have one year from the time of public disclosure to file a patent. Public disclosure can include: journal articles, oral presentations, poster presentations, discussions with colleagues outside of IU, media interviews, publication on the web, conference abstracts, and non-confidential grant applications. It is important to contact IURTC about your invention before you disclose it in any of the means mentioned above.
8. Will filing a patent restrict my ability to publish or present my work?
If a patent application has already been filed on the invention disclosed to IURTC, you are free to publish articles, give presentations and discuss the invention freely with others outside the university. However, keep in mind that information not included in the patent application (such as new data generated after the patent application is filed) is not protected. It would be subject to the loss of patent rights described in #7 above. Please read the answer to that question carefully if you are concerned about patent protection on information not already included in a patent application. back to top
9. If my invention is licensed, how is the revenue shared?
IURTC will deduct patent costs from the revenue received from a licensee and the remaining net revenue is distributed. Of the first $100,000 of net revenue, the inventor or inventors receive 50%, the inventor’s campus receives 25% and the university receives 25%. See the IU intellectual property policy for details or for distributions above $100,000. back to top
10. Can my invention be licensed to a start-up company?
IURTC licenses technologies to companies of all sizes, including start-ups. However if the inventor of the technology has ties to the start-up company, this makes the matter more complicated. Specifically, conflict of interest issues will need to be resolved by IU prior to licensing. back to top
11. Can I pursue my invention personally if IURTC decides not to?
In the event that IURTC decides not to commercialize an invention, they must first consider obligations to any funding agency whose funds were used in the development of the invention. However, rights can often be returned to the inventor. You must take on certain responsibilities regarding the invention and you will be required to sign an agreement stating your obligations. back to top
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