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Intellectual Property Guidelines
An Overview of the EVMS Intellectual Property Policy and Procedures
What is Intellectual Property?
- Patents
- Trade Secrets
- Trademarks
- Copyrights
Of these, patents are the most important for EVMS Researchers.
Patents are legal protection for the design, manufacturing method,
composition, and other aspects of an invention or an improvement to an existing
invention. Others are prevented from making, selling, offering for sale or
importing the invention into the country granting the patent.
In addition to the professional recognition accrued with the granting of a
patent, there is the potential for significant financial rewards. The net
proceeds from invention income, such as licensing royalties and other payments,
are distributed equally between:
- The inventors (1/3)
- The inventor's primary department (1/3)
- EVMS (1/3)
What Can Be Patented?
According to the U.S. Patent and Trademark Office
(USPTO), any person who
"invents or discovers any new and useful process, machine, manufacture, or
composition of matter, or any new and useful improvement thereof, may obtain a
patent ... These classes of subject matter taken together include practically
everything which is made by man and the processes for making the
products."
Examples include:
- Machines
- Processes
- Compositions of matter
- Improvements to the above
- Plants
- Ornamental Designs
Patent protection is not granted on laws of nature, physical phenomena,
abstract ideas, or suggestions. The invention concept must be reduced to
practice in the form of drawings, prototypes or other documentation.
The EVMS Policy on Intellectual Property
The development of new materials, machines, and processes is a natural result
of the basic and applied research conducted at EVMS. To encourage the
development and disclosure of new inventions, EVMS has a formal policy on the
disclosure, patent prosecution, and licensing of inventions by members of the
EVMS community. Intellectual Property developed during the following
activities is the property of EVMS:
- Job related activity conducted by an EVMS member in the course of their
work
- Other activities conducted by an EVMS member at EVMS or on EVMS equipment
- Activities conducted by EVMS members in the course of an EVMS
project
The policy states that all inventions by EVMS members must be
disclosed to EVMS, including those developed independently of the school or its
resources.
New Inventions
- Be alert for the need to protect new inventions, especially those with
commercial potential.
- Immediately disclose any new inventions to the Dean/Provost.
Disclosure and Assignment forms are available at the Office of Research and
at the Office of the Vice President of Finance and Administration.
- Do not publish information on the invention without consulting the
Dean/Provost. Publication prior to patent application can make an
invention unpatentable, especially outside of the United States.
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