The University of Denver recognizes and encourages
individual effort on the part of its employees, faculty, and students
in efforts leading to discoveries and inventions. It is the University's
intent to protect the rights of the individual, the University, and the
sponsoring agency (if involved), and to ensure fair compensation in the
event these discoveries or inventions have commercial applications. This
policy is to be considered and interpreted in light of the University's
general Intellectual Property Policy, and is incorporated as a part thereof.
The objectives of the Patent Policy are as follows:
- To encourage invention and to provide fair compensation for the inventor,
the sponsoring department and the University.
- To fulfill the terms of sponsored agreements and other contracts
relating to the development of intellectual property.
The term "sponsor", means any external agency, party or parties
with whom University representatives have an agreement for compensated
- Sponsored Agreement
The term "sponsored agreement" means a grant, a contract,
a subcontract, or another agreement between a sponsor and the University
for the purpose of conducting research, instruction, training and other
activities at the University for compensation.
The term "employee" or "staff member" refers to
any person employed full or part-time by the University in any capacity.
The term "patent" refers
to both U.S. and foreign patents
and patent applications, and the rights conferred upon the patent holder
by applicable law.
The term "student" refers to any person enrolled for any
course offered by the University, or who is in a research program for
an academic degree.
C. Patent Rights Committee
- The Patent Rights Committee is hereby established to evaluate patent
disclosures, determine ownership interests in the invention and advise
the Vice Chancellor of Business and Financial Affairs on the potential
development of patents or other commercial rights.
- There shall be six voting members of the Patent Rights Committee
serving three-year staggered terms. Four members shall be appointed
by the Provost and two members by the Vice Chancellor for Business
and Financial Affairs.
- The Vice Provost of Graduate Studies and Research shall serve as
chairperson of the Committee.
- The Director of the Office of Sponsored Programs shall serve in
an ex officio capacity as the administrative officer for the Committee
(University Patent Administrator.)
D. General Policy Provisions
- Scope of Policy
is binding on University of Denver faculty,
researchers, staff, students engaged in research or projects materially
associated with the University, and others as a condition of their
participation in University programs, or their use of funds, space
- Assignment of Rights
employed personnel hired after June 28, 1985 will
be required to sign the Employee Patent Agreement (Exhibit A) or subsequent
version. Persons employed before that date will be required to sign
the said agreement as a condition of continued employment, unless a
different agreement is mutually agreed upon.
- Publication of Patentable Inventions
U.S. Code Title 35 Patents, Section 102 and certain foreign patent
laws preclude an applicant from obtaining a patent if the invention
was described in a printed publication in this or a foreign country.
It is therefore important to avoid premature disclosure or publication
of patentable inventions.
Any delay of publication shall be for a limited time while the decision
to seek a patent is being made or a patent application is being prepared.
It is expected that the faculty and staff will recognize and comply
with the need to protect patentable discoveries.
- Inventions Involving University Funds or Facilities
Vice Chancellor for Business and Financial Affairs, with the advice
of the Vice Chancellor for Intellectual Property & Events, and
the Intellectual Property Committee, will have the right to determine
the disposition of inventions covered by the Employee Patent Agreement,
or resulting from a program of research involving the significant
use of University funds, space, or facilities, determined by the
Department Chairman, Division Head, or Dean, as appropriate. When
in such cases the University undertakes patenting and commercial
development of the invention, the income will be shared with the
inventor in accordance with Section II (F) of this Policy.
Developed Outside the University of Denver Employment
The University makes no claim to inventions discovered by faculty,
staff members, or students entirely on their own and without the use
of University funds or facilities. However, in order to determine the
rights of the University and inventor, all inventions will be reported
to the University Patent Administrator.
- Inventions Subject to Sponsored Agreements
Inventions resulting from work financed wholly or in part by an outside
sponsor may be subject to special provisions of the sponsored agreement
covering the work.
Research sponsored by the U.S. Government shall be subject to the patent
policies authorized by Public Law 96-517 with procedures in Title 37
Code of Federal Regulations Part 401, "Patents - Small Firms and
Non-Profit Organizations," issued by the Office of Federal Procurement
of all sponsored agreements, the University will attempt to obtain
agreements on inventions that protect the rights of the University of Denver and
its employees, while recognizing the equity of the sponsoring organization.
- Consulting Agreements
Any member of the faculty and staff involved in consulting work or
other outside activity should determine that patent clauses in the
agreements are not in conflict with obligations to the University.
In cases of conflict of interest, the University reserves the right
to determine the final disposition of the patent rights involved.
Each member of the faculty and staff should be certain that the outside
agency is provided with a current statement of University policy.
E. Patent Development
The University recognizes that the use of proprietary rights in the
form of patent licenses are often necessary to encourage a company
to invest the personnel, time, and financial resources to develop
the inventions. Various options are available to the University for
the development of inventions. The option to be followed will be
determined by the Vice Chancellor for Business and Financial Affairs
in consultation with the Patent Rights Committee and inventor(s).
by the University of Denver
The University will develop an invention when it appears such development
will be of economic benefit to the University, or if the University
is required to do so under the terms of a sponsored agreement with
an agency. In these cases, the University will retain a patent attorney
to prepare and process the patent application with the Commissioner
of Patents and Trademarks and will manage the promotion and licensing
of the resulting patent.
- Development by Outside Organizations
When it is determined that an invention in which the University has
an interest should be developed by an outside organization, the University
will obtain such services through an agreement with the organization.
- Development by Inventor
If the University
determines that it has no interest in an invention or decides to forego
the patenting of an invention, it may formally waive its rights to
the invention. If the invention was made under a research agreement,
this waiver will not be granted until it has been approved by the sponsoring
agency. If there are conditions attached to the waiver by the sponsor,
such conditions shall be passed to the inventor with the waiver. Upon
the receipt of a written waiver from the University, and other parties
if necessary, inventors will be free to develop the inventions at their
own expense. Inventors will be required to furnish a royalty-free,
non-transferable license to the University of Denver and
the sponsoring agency, as a condition of the waiver agreement.
F. Sharing of Patent Royalties
Where royalty or other income is received by the University of
Denver as a result of successful commercialization of an invention, in
excess of costs of patenting, licensing, and other direct costs of commercialization,
the University will share such revenues with the inventor(s) and the
Department(s) or Division(s) to which the inventor is assigned on the
date of disclosure according to the following schedule:
|$25,001 - $50,000
|$50,001 and over
* of the amount over $5,000
** of the amount over $50,000
Income is defined as royalties, license fees, and/or other receipts
resulting from commercialization of a patent by the University. Before
the royalty income is distributed, necessary and appropriate expenses
for patenting and licensing incurred by the University will be recovered.
The department or division share will be disbursed by the department
or division head, subject to the approval of the Provost. Such department
or division funds will ordinarily be used for research activities of
the inventor, as long as the inventor remains with the University.
III. GENERAL PROCEDURES
- University Patent
Conduct day-to-day operations relating to patent matters, including
arrangements for preparation and filing of correspondence, minutes
of the Patent Rights Committee, and patent records.
Interpret and implement the patent policies of the University of Denver
with advisement by the Vice Chancellor for Business and Financial Affairs
Coordinate appropriate legal action to enforce the University of Denver
- The Patent Rights
Committee will, in addition to the responsibilities outlined in Section
a) Monitor the execution
of this policy and make recommendations for changes as needed.
b) Hear and adjudicate
disputes on University patent matters.
c) Direct the University
Patent Administrator on the implementation of this policy as necessary.
- The Office of Sponsored
Programs will assist the Patent Rights Committee with the administration
of the policy with respect to proposals for and acceptance by the University
of sponsored agreements, submission or appropriate reports to sponsors,
invention disclosures, and patents arising from sponsored agreements.
The Office of Sponsored Programs will have these responsibilities and
perform these functions regardless of the source of funds or the University
Division or Department through which the program is created.
B. Licenses, Assignments and Development
The Vice Chancellor
for Business and Financial Affairs and the Vice Chancellor for Intellectual
Property & Events shall approve all contracts related to the disposition
of the University of Denver 's
C. Human Resources
- The Human Resources Department will obtain
and file original Employee Patent Agreements for all employees.
- The Employee Patent Agreement must be signed
and forwarded to the Human Resources Department with the Appointment
- The Office of Sponsored Programs shall verify
that all investigators have signed Employee Patent Agreements before
activity can begin on the grant or contract. If all Agreements are
not on file with the Human Resource Office, it is the responsibility
of the Principal Investigator to secure the Agreement.
All disputes regarding the actions
of the Patent Rights Committee will be resolved in accordance with
the provisions of the Intellectual Property Policy.
Office of Intellectual Property & Technology Transfer
Office: The Cable Center, 2000 Buchtel Blvd., Denver, CO 80210
Mail: Ritchie Center, 2240 E. Buchtel Blvd., Denver, CO 80208
Telephone: 303.871.4230· FAX: 303.871.4514· E-mail: firstname.lastname@example.org
Copyright © 2001 University of Denver,
2199 S. University Blvd., Denver, Colorado 80208
(303) 871-2000 All rights reserved.