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USF Patents & Licensing
Technology Transfer FAQ
Common Questions and Answers Pertaining
to Technology Transfer
1) If I disclose my invention does that mean
I will not be able to publish my research?
As part of the University
mission, it is your right to publish. While the timing of publication
can affect patent rights, DPL is ready to work with researchers to maintain
all rights possible. The key here is to advise our office as early as possible
regarding public disclosures. Even if this means after public disclosure.
2) If I disclose an invention to DPL that means
a patent will be likely be filed on it.
DPL has a limited
patent budget and many disclosures. Patent decisions are based on numerous
factors. (Review of Disclosures; Notification
of University's Interests)
3) If a patent is filed on an invention I created,
I will own the rights to a patent.
Although it was your
idea and your hard work, you do not own the rights to it. As an USF employee,
doing the work you've been hired for and using USF facilities, the title to
inventions belongs to USF. According to DPL’s Policies and Procedures,
you are entitled to a portion of the income the USF receives from the commercialization
of that invention.
4) Anyone who has contributed to research which leads to an invention is automatically an inventor.
Although the DPL
Invention Disclosure Form requests that you list all persons who worked
on the project who might be inventors, inventorship is a legal determination
made by patent attorneys at the time when the actual patent application is written.
Generally, an inventor is a person who came up with the initial idea
or contributed some unique solution to reducing the idea to practice.
An inventor does not simply run experiments or collect data.
5) Having to comply with the filling out of
forms and providing information about my discovery takes away time from my
on-going research.
While it is true, there are times when the inventors' assistance is required for patent filing, the day-to-day paperwork and management of the intellectual property is handled by DPL.
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Copyright © 2003, University of South Florida
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Division of Patents & Licensing, 4202 E. Fowler Avenue, FAO126, Tampa,
FL 33620 Phone: (813) 974-0994 Fax: (813) 974-8490
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Direct questions or comments to
patents@research.usf.edu
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Last updated March 3, 2003 |