Research

Research and development work, whether funded by the federal government, foundations, or industry, is the basis for discovering and developing novel technologies and software.

Disclosure

When useful technology is invented, work should be disclosed promptly to Research Commercialization by means of the disclosure portal.

An invention disclosure should be submitted before the work is published or any other public disclosure of the work has been made. Failure to do so can limit patent rights for the technology.

When an invention disclosure is filed with the ORC, inform the office of any public disclosures already made or any that are planned

IMPORTANT NOTE

• Submission to the Office of Research Commercialization should occur no less than one month prior to any public disclosure.
• Submission does NOT confer protection of the technology.

Assessment

Once an invention is disclosed, Research Commercialization will schedule a meeting with the inventor to review the disclosure and will facilitate a technology assessment that reviews the intellectual property and commercial potential of the invention.

The assessment will be shared and discussed with the inventor(s), and if the assessment is positive, Research Commercialization will initiate intellectual property protection for the technology and develop an appropriate commercialization strategy.

Research Commercialization will forward copies of all patent applications drafted to the researcher for review to ensure that all applications are complete and accurate to the extent practicable under the assessment factors:

• Ownership
• Types of protection
• Market-related factors
• Prior Art
• Stage of Development

Intellectual Property

Depending on the results of the review process, Research Commercialization will determine whether to:

• File for a patent, copyright or trademark
• Hold the work pending additional development
• Close the file

Marketing

Depending on the type of technology and its stage of development, Research Commercialization may market the technology to existing companies and list the technologies on various websites to identify potential license partners.

The office may also work with the inventor and local entrepreneurs to create a start-up company. Either scenario results in a license agreement between Research Commercialization and a business entity.

Terms

The license agreement will include terms and conditions for the use of the technology and commercial development milestones, as well as define the compensation that will be paid to the university.

The compensation may be divided into:

• License fees
• Legal reimbursement
• Royalty payments on net sales
• Equity in the business partner's company

Inventors can assist Research Commercialization in the licensing process by letting Research Commercialization know about new technology enhancements, upcoming publications or public presentations made to industry, and any questions about or interest in the new technology that may be received from industry contacts.

Licensing

After a license agreement is in place, Research Commercialization monitors the licensee to ensure full compliance with contract terms and to support their success in the marketplace.

The office also receives all license payments and distributes net revenue generated from the license agreement in accord with TTU OP 74.04.

Inventors receive forty percent of all net revenue generated from license compensation.

In cases where multiple companies are interested in the technology, Research Commercialization will identify the most appropriate licensing partner(s). We consider a potential partner's overall ability to:

• Commercialize the technology
• Obtain or provide funding to support development of the technology
• Benefit the local economy

Other factors include prior and ongoing relationships with the potential partner(s), your willingness and ability to work with the potential partner(s), and the ability of the partner(s) to accept license terms required by Texas Tech University.