Before you publish…call us!
We know that your passion is research and publishing. We never want to slow you down or impede your progress. Our staff is equipped to make this process as painless and fast as possible.
YOUR IDEAS ARE WORTH PROTECTING
Sometimes in order for your research breakthroughs to have the greatest impact, the ideas and concepts underlying the breakthrough need to be protected. We know that you want to focus on research, and our job is to make this possible. We will work with you to develop a protection and commercialization strategy around your best ideas that doesn’t slow down your academic pursuits
The ideal time to disclose your idea to us is before any public disclosure, e.g. electronic publication or public presentation of your idea. With recent changes to U.S. patent laws, it is imperative that you disclose early and often to KUCTC, so we can better protect your ideas. To inform us of a new idea, concept, or invention, please use the Invention Disclosure Form found on the Forms tab on this page.
Learn How to Transfer and Receive Research Materials
If you wish to obtain research materials from other Institutions or transfer your material to others, you will need a material transfer agreement (MTA) to protect everyone's rights. You will find more information concerning MTAs on the Forms tab on this page.
Learn How to Request a Non-Disclosure Agreement
If you would like to share your novel ideas with others, without losing patent rights and before a patent is filed, KUCTC can help draft and execute a non-disclosure agreement. Conversely, if you are contacted by another company or institution to sign a NDA, please contact KUCTC for agreement review. You will find more information concerning NDAs and how to request assistance in negotiating an NDA by referring to the Forms tab on this page.
While the process of technology commercialization can appear complex and daunting, the KUCTC staff will work with researchers every step of the way, identifying roles, responsibilities and time lines throughout the process to increase the likelihood of success.
Roles and Responsibilities
Our staff has developed procedures to ensure smooth communications throughout the entire commercialization process.
|Identify research for commercialization||✓||✓|
|Disclose research to KUCTC||✓|
|Dialogue about disclosure||✓||✓|
|Assess disclosure for commercialization||✓|
|Provide feedback to inventor||✓|
|Begin patent process||✓|
|Assist attorneys with filing and documentation||✓||✓|
|Sign documentation for filing||✓||✓|
|Provide reference for filing||✓|
|Prepare non-confidential information||✓||✓|
|Negotiate terms of licensing||✓|
|Communicate terms with inventor||✓|
|Sign licensing agreement||✓|
|Fulfill KUIC reporting obligation per policy||✓|
|Facilitate transfer of technology to licensee||✓||✓|
|Monitor agreement and distribute income||✓|
Protecting Intellectual Property
The innovation and discoveries you create at KU have the potential to change the world, but the first step is protecting your intellectual property.
KUCTC will review disclosures dealing with patentable material, copyrights, software, tangible property, utility patents, biological materials, and more. While the process can be time intensive, we won’t inhibit your ability to publish or disclose your idea once we file for intellectual property protection.
Invention Disclosure, Material Transfer, and Confidential Disclosure Forms
Filling out forms and following processes in a timely manner is an imperative part of keeping KUCTC running smoothly while minimizing the work required on your end. These procedures are tried-and-true, and have resulted in some astounding results and success.
Invention Disclosure Forms
- Patentable Invention (such as diagnostics, devices, therapeutics, material innovations and the like)
- Research Reagents (e.g., monoclonal and polyclonal antibodies, immortalized cell lines, mouse strains, etc.)
- Creative Work
Material Transfer Agreements
Prior to sending or receiving tangible research material, it’s vital to both parties to have a Material Transfer Agreement that expressly states the purpose for which the material will be used, and the rights regarding any derivative discoveries. The first step is to fill out a material transfer questionnaire. The staff at KU Center for Research and the KUMC Research Institute will negotiate these agreements that govern the transfer of tangible research materials between two organizations.
There are three main types of MTA agreements:
- Transfer between academic/research institutions
- Transfers from academia to industry
- Transfer from industry to academia
Innovation and collaboration is fundamental to KU’s global outreach. US and international laws governing technology transfers are complex and impact patent applications, licensing, and research agreements We are committed to complying with all laws and regulations that govern our international activities including those foreign visitors and employees who work and participate in projects on all KU campuses. KUCTC works closely with the General Counsel’s Office and Export-Import control team. To ensure compliance, investigators, entrepreneurs, and future CEOs are encouraged to use their services early in project development.
General Counsel's Office
We will contact you if we need more information and to let you know when the agreement is executed. If you are receiving research material and have been sent a draft material transfer agreement by the provider of the material, please send that document along with your completed questionnaire.
Confidential Disclosure Agreements
Non-Disclosure Agreements (NDA) or Confidentiality Agreements (CDA) are necessary if you want to share your novel ideas with companies or other interested parties to maintain your patent rights. Once your idea is in the public domain, it cannot be protected. These contracts protect the information created by one party and disclosed to the other. KUCTC negotiates these agreements on your behalf and obtains necessary signatures from KU officials.
Your first step is to fill out a Non-Disclosure Agreement Request Form.
We will be in contact with you if we need more information and let you know when the agreement has been executed.
- Unilateral - This is a one-way agreement where one party wants to disclose information to another party but demands that the information remain secret, and that the receiving party does not take or use the disclosed information without consent.
- Bilateral or Mutual - In this agreement, both parties supply information that is intended to remain secret. These agreements are particularly common when institutions are considering a joint venture or merger.
If you have any questions, don’t hesitate to contact KUCTC. We’re happy to help guide you every step of the way.
KU Policies Related to Commercialization
What would a University be without policies? The fact is, these policies are designed to protect your interests as well as the university's. If you have any questions, don’t hesitate to contact our office. We’ll be happy to explain the reasoning behind the policies, and help you fill out the required forms.
Following the guidelines in these documents will help you avoid common mistakes, and get your innovation to market faster.
KU, as is other research universities, is governed by the Bayh-Dole law (P.L. 96-517 and 98-620 as amended) which sets out the disposition of inventions made with Federal assistance.
The law provides that nonprofit organizations and small businesses may elect to retain title to inventions conceived or first actually reduced to practice in the performance of work under a funding agreement. The University must disclose each subject invention in a timely manner and comply with other regulatory actions. In addition, we must grant the U.S. government a royalty free license for governmental purposes, give preference to U.S. manufacturers, give preference to small businesses and share royalties with inventors. We must periodically report our licensing activity to the Government.
Request a Meeting with a Licensing Associate or Director
Our staff is here to help you determine whether your IP has licensing potential, or negotiate with entities inquiring about your Intellectual Property. Contact us directly for fast response.
Intellectual Property Associates