|For Information About||Consult|
|Disclosing an invention or creative work||Invention Disclosure Form|
|Intelluctual property disclosure form: Trademark||Trademark Disclosure Form|
|Releasing or assigning intellectual property rights to another||IP Rights Assignment|
|Distinction between Trademark, Copyright, Patent||USPTO video|
Balancing Disclosure to the University with Disclosure of Research to the Public
The right of employees and students to publish the results of research remains inviolate, subject only to the terms of a grant or SRA funding the work. However, any public disclosure of an invention, such as a presentation, publication, or grant proposal, prior to filing a patent application, limits patent rights and reduces an invention’s commercial value. Because of the great costs associated with bringing a product to market, companies are usually willing to develop technology only if it is protected by patents.
It is important for the inventor to be aware of the potential harm of premature publication, which severely undermines the patentability of an invention. Therefore, employees and students are encouraged to disclose their inventions as soon as they are reduced to practice and prior to sending out manuscripts or grant applications. The inventor should consult the Associate Provost of Research whenever he or she has a question about patent rights.
Disclosure to the University Required
When an inventor conceives or reduces to practice an invention and judges that it may be valuable and serve the public good, that individual is required to promptly report the invention to the University. Inventions must be fully disclosed to the Associate Provost for Research in good faith using the Invention Disclosure Form on the IPRC Documents webpage.
___Completed TCU Invention Disclosure Form
___Complete listing of all inventors and percent of any potential revenue each should receive
___IP Rights Assignment Form executed by all inventors
___Executed Inventor/TCU Agreement
All of the above documents are part of the TCU Invention Disclosure Form.
Procedure for Determining Whether to Pursue Patent Protection and Commercialization
- The Intellectual Property Review Committee (IPRC)shall review all invention disclosures, evaluate their patentability and potential commercial value, and make a recommendation to the Associate Provost for Research. The input and advice of consultants and legal counsel may be sought during this process.
- The Associate Provost for Research shall make a determination whether the University should seek patent protection for an invention. That determination will depend upon the availability of funds and an assessment of the invention’s commercial value. TCU may dispose of its rights to inventions as follows:
• By using such rights for the public good;
• By commercially developing the rights; or
• By releasing the rights to the inventor(s).
- If the creator does not agree with the decision of the Associate Provost for Research, a written appeal may be submitted to the Provost within 30 days of notification of the decision. The Provost will respond within 10 working days. If the creator wishes to appeal again, a written appeal may be submitted to the Chancellor within 10 working days. The decision of the Chancellor is final in such matters.