INTELLECTUAL PROPERTY DISCLOSURE Patent Copyright Trademark And/or Tangible Research

intellectual property disclosure patent, copyright, trademark and/or tangible research property general guidelines/information

INTELLECTUAL PROPERTY DISCLOSURE
Patent, Copyright, Trademark and/or Tangible Research Property
GENERAL GUIDELINES/INFORMATION
The University of Maryland, College Park, encourages the inventive
process and the scholarly publication of research results. Within the
limits of financial practicality, UM Ventures will evaluate the
feasibility of bringing an invention to the point of public use.
It is critical to have your cooperation and assistance during the
patenting and licensing effort. Once you sign and submit this
Intellectual Property Disclosure Form, the University accepts the fact
that you are in agreement with statements on the form and will work
with the University to the best of your ability, consistent with the
University patent and copyright policies. A copy of the patent and
copyright policies, as well as other information, is available on the
UM Ventures web site at
https://www.umventures.org/for-inventors/inventor-resources/usm-policies.
PUBLIC DISCLOSURE
Any publication, presentation or public posting of works (digital or
otherwise, including theses/dissertations) that describe a new
technology may be considered public disclosure of an invention. It is
the responsibility of the inventor to notify UM Ventures if any work
has been or will be publicly disclosed in part or in its entirety.
Note: Public disclosure prior to alerting UM Ventures may compromise
certain patent rights.
Under current United States law, a patent application is not
compromised by a publication describing the invention if the
application is filed within one year of such publication. However,
under the laws of most other countries, any prior publication
describing the invention precludes the granting of a patent.
Therefore, if an inventor publishes or otherwise publicly describes
the technology before a patent application is filed, most foreign
patent rights are lost.
PATENTABILITY
What actually constitutes a patentable invention is often a complex
legal determination. If you think you may have made an invention of
commercial value, consult the staff of UM Ventures.
INVENTORSHIP
In order to be valid, a patent must correctly identify the
inventor(s), and the inventor(s) must have been the first to invent
the subject matter. The details of these prerequisites are complex and
involve legal determinations that might affect the validity of the
patent application. If there is any question about inventorship, you
should consult the UM Ventures staff before attempting to establish
inventorship and before disclosing the invention.
The inventor(s) is/are the person(s) who conceive of an invention. To
be an inventor, a person must have made an intellectual contribution
to an original concept.
Inventorship may include more than one person. Joint inventors need
not have worked together or at the same time, but they must have
communicated and been aware of each other’s work. The contribution of
joint inventors need not be equal; the contribution may be partial,
but must be original.
The intellectual property disclosure form may be found here
or by contacting UM Ventures at 0134 Lee Building, College Park, MD
20742. Telephone 301-405-3947
Intellectual Property Disclosure Form Instructions
The Intellectual Property Disclosure Form may be found here.
Before submitting your invention disclosure form to UM Ventures, you
must complete all sections of the form. Incomplete intellectual
property disclosures cannot be processed and will delay the technology
transfer process.
A complete Invention Disclosure should include the following
information:
1. Inventor information:
*
Make sure that inventors are listed and numbered in the order that
they should appear on official documents. The primary contact will
be responsible for all communications regarding this invention
disclosure.
*
Original signatures for all University of Maryland (UMD) inventors
(faculty/staff/student) are required.
*
Make sure percentage of UMD inventor royalty sharing is complete
and correct. Percentage of UMD inventor royalty sharing must equal
100 percent. If inventor royalty sharing percentages for UMD
inventors do not equal 100 percent, or are left blank, the
percentages will default to current UMD policy.
*
For UMD appointment information, list name of UMD college(s) and
name of UMD department(s), along with the percentage you worked at
that appointment, during the time the invention was developed.
Students own all inventions they create as part of their University
academic and research activities except those created through
sponsored research. Students should seek legal counsel before
assigning rights to the University.
2. Description of Technology and Suggested Scope:
Attach a complete enabling description of the technology. The
description must include how to make and use the invention and should
include specific examples, drawings, diagrams, etc. The description
may be by reference to a separate document (copy of a report,
preprint, grant application and the like) attached hereto. If so,
identify the document positively.
If the technology is software, attach a copy of the source code on
paper as well as an electronic file. To provide the best protection of
copyrightable works, please apply the following copyright notice to
all existing copies of the work: “Copyright YEAR, University of
Maryland, All Rights Reserved”
If any portion of the software contains code that was developed solely
by a third party, you must have written permission to use the code
(please attach a copy of that agreement). If you do not have written
permission, please supply the name, address and telephone number of
the owner of the code.
For software, the above copyright notice should be placed in the
following locations: (a) source code (top, bottom and randomly
throughout), (b) on the title screen, (c) on all disk labels, (d) on
any printed materials (i.e., user’s manual).
If the technology is a tangible research property (i.e.,
microorganisms or devices), provide stored location(s). Refer to the
UM Ventures Inventor’s Manual.
3. Publications and Presentations:
*
Attach copies of any publications, abstracts, poster
presentations, etc., that you have prepared relating to this
technology.
*
Attach copies of any publications others have prepared relating to
this technology.
*
Attach copies of any slide presentations, visual aids or handouts
that you have used disclosing this technology to others.
4. Sponsored Research:
*
Complete all information in Section 6 of this disclosure form. To
comply with federal Bayh-Dole Act regulations, UM Ventures must
report all government funded inventions to the federal agency that
granted the award.
5. Joint Owners:
*
In the event of a joint invention disclosure with a company,
government agency, or other university/institution, provide a copy
of the completed joint owner’s invention form, if available.
Original signatures of joint owner inventors on the UM form are
not necessary. UM Ventures will contact the joint owner; please
provide contact information.
6. Royalty Share Distribution to Non-Inventors (optional)
*
An inventor may designate (optional) a portion of his/her royalty
share to be distributed to a non-inventor (i.e., lab tech,
administrative assistant, relative, etc.). To make this
designation, the Royalty Share Designee form can be found on the
UM Ventures web site (Designee Form)
Incomplete intellectual property disclosures cannot be processed and
will delay the technology transfer process.
IN ORDER TO ENSURE RECEIPT OF ROYALTY PAYMENTS, INVENTORS (AND THEIR
DESIGNEES) MUST COMPLETE ALL REQUESTED INFORMATION ON THE INVENTION
DISCLOSURE FORM AND NOTIFY UM VENTURES OF ANY CHANGES IN CONTACT
INFORMATION (i.e., change of home address, phone, email, etc.).
FAILURE TO DO SO MAY RESULT IN NON-PAYMENT.
Submit a copy of the completed form with original signatures of ALL
*UMD* inventors, a complete description of the technology, and any
other attachments by email to [email protected]. Any hard copy
documents should be submitted to:
Director
University of Maryland
UM Ventures
7809 Regents Drive
0134 Lee Building
College Park, MD 20742
For Assistance Call 301-405-3947
Copyright 2002-2019 University of Maryland, All Rights Reserved
The intellectual property disclosure form may be found at
Intellectual Property Disclosure Form