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Intellectual Property

Intellectual property is often a by-product of universities’ research programs, and UTHSCH strives to consider the best interests of the public, creators, and research sponsors in evaluating and managing intellectual property to which it has rights.

Intellectual property is any invention, discovery, trade secret, technology, scientific or technological development, computer software, or other form of expression in a tangible form. UT has rights to intellectual property related to employees’ and trainees’ responsibilities and to activities performed: on UTHSC-H time; with support of state, grant, contract, or gift funds to UTHSCH; or with UTHSCH facilities/personnel (HOOP 23.03).

Mechanisms to protect intellectual properties

  • patents for new processes/products and improvements to existing processes/products that are useful and not obvious
  • copyrights for writings and software
  • and trademarks for words, names, or symbols.

The Board of Regents and UT System will, upon the advice of UTHSCH’s President and Intellectual Property Committee, determine if interests and rights in intellectual properties created at UTHSCH will be pursued through patents and commercialization/licensing. Intellectual property rights not pursued by UT may be released to inventors with or without reservations, and inventors are considered the individuals who conceive of the processes/products. Detailed/dated records that document the development process and are witnessed may be critical for pursuing patents, and disclosure of information through publications and presentations may jeopardize patent pursuits.

UTHSCH’s process for evaluating/managing intellectual property is administered by the Office of Technology Management. Inventors complete Invention Disclosure Forms, and the disclosures are reviewed by UTHSCH’s Intellectual Property Committee. The Committee advises the President about what patents to pursue, and he/she in turn makes recommendations to the UT-System/Board of Regents.

Royalties

UTHSCH bears the cost of pursuing patents in which it has an interest, and net royalties resulting from any patents are shared as follows:

  • 50% to creator(s)
  • 5% to school(s) of creator(s)
  • 5% to department, division (or equivalent)
  • 5% to laboratory of creators
  • 5% for legal fees
  • 30% to UTHSC-H’s Research Fund.
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