91²Ö¿â

Each invention disclosure is evaluated both for its commercialization potential (i.e. whether the invention has the potential to fill a market need) and its associated opportunities and challenges. The commercialization potential is based on the strength of the intellectual property (IP), the invention's stage of development and the estimated time and resources needed t0 market it. A summary of the data is provided to the university's Patent Board, composed of faculty, inventors, technology commercialization professionals and legal advisors, to determine if the university should invest in patenting the technology. The board members recommend whether to file for IP protection or not. The final decision is made by the Board's Chair, the Vice President for Research and Economic Development. 

If an invention is considered for IP protection, the Office of Technology Commercialization works with the inventor and an external patent counsel to consider and pursue appropriate steps toward protecting the IP. 

Our office actively markets inventions with strong commercialization potential, using a range of resources and networks to identify prospective licensees. 

If an existing company expresses interest in finding out more about the technology, we start the discussion. Once a potential licensee is identified, our office will negotiate a license agreement with mutually agreeable business terms. The university has developed a license agreement template that, if used, may speed up the review and approval process as it has been drafted to avoid provisions to which the university cannot agree. The license allows the companies to use the invention in exchange for a license fee and royalties to the university.

After a license agreement is executed, our office ensures that the company is in compliance with the commercialization obligations and with the payment terms to the university. Any license fee and/or royalty payments received for commercializing an invention will be shared:

• 40% to the inventor/s (if multiple 91²Ö¿â inventors, sharing depends on the agreed upon percentage listed in the invention disclosure)
• 30% to the Division of Research and Economic Development 
• 15 % to the inventor’s university department
• 15 % to the university’s General Fund

We have a separate webpage with additional details on royalty distribution. 

Our office also supports the creation of a start-up company by the inventor and will assist in transferring the technology to the company through favorable license terms. Additionally, our office will inform inventors of the policies and guidelines regarding conflict of interest and commitment that will need to be considered and potentially mitigated in situations where a faculty member is directly associated with a business venture, including a start-up company.

In order to protect unpublished results of your inventions, research protocols or software code while you are in the process of discussing a potential collaboration with an institute or a company, we make sure that such information is shared under a valid non-disclosure agreement (NDA). An NDA outlines the nature and conditions for sharing the information between the university and a third party. Information that is shared (orally, or in writing as a conference abstract or online or by email) without a valid NDA is considered public disclosure of information and is not considered confidential under an NDA. 91²Ö¿â researchers also have an obligation to protect a third party’s confidential information as well under a mutual NDA.

If research materials related to biological, chemical or engineering protocols are exchanged or transferred between researchers outside of 91²Ö¿â, an MTA should be executed. The university has developed an MTA template that, if used, may speed up the review and approval process as it has been drafted to avoid provisions to which the university cannot agree. An MTA outlines the nature and conditions for sharing the research materials between 91²Ö¿â and a third party, which could be a company, a research institute or a university. Materials that are not unique to the university and are readily available from other commercial sources generally do not need an MTA.

The common issues with  agreements are restrictions on publications, free licenses, assignment of future inventions and creations under the agreement and general legal provisions. Our office works to protect your research results and your ability to publish by negotiating mutually amenable terms through these agreements with the third parties.

Karen MacDonald, 91²Ö¿â's Business and Entrepreneurship Outreach Librarian, has a wealth of resources available on her

This page provides links to patent search tools, competitor information, trade and industry journals, SEC fillings, business forms and finance guides,and much, much more.