Who Owns Patents Resulting from PhD Work?

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In summary, it is possible to retain ownership of your patents while pursuing a PhD, but it is important to check your university's policies on patent ownership. Your PhD supervisor may have a claim to your patents depending on the circumstances and agreements between you. Your PhD research findings may be eligible for patent protection, but it is important to conduct a thorough patent search and consult with a patent attorney. Your university may have a claim to your patents depending on their policies on patent ownership. You have the right to commercialize your patented PhD research, but may need to obtain a license from your university and consider any potential conflicts of interest or ethical considerations.
  • #1
streeters
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What are different policies for patents derived from work done during a PhD?

I know in Australia some unis (sydney, unsw, melbourne) give partial ownership, but in uk this is rare.

What is it like in the us?
 
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  • #2
I believe the patent it technically owned by the university, but your name is on it as inventor.
 

1. Can I retain ownership of my patents while pursuing a PhD?

Yes, it is possible to retain ownership of your patents while pursuing a PhD. However, it is important to check your university's policies on patent ownership, as some institutions may have different regulations regarding intellectual property ownership by their students.

2. Will my PhD supervisor have any claim to my patents?

It depends on the specific circumstances and agreements between you and your supervisor. In some cases, your supervisor may have contributed to the research and development of the patented idea and may have a claim to the patent. It is important to discuss and clarify ownership rights with your supervisor before pursuing any patents.

3. Can I patent my PhD research findings?

Yes, if your research findings are novel, non-obvious, and useful, they may be eligible for patent protection. However, it is important to conduct a thorough patent search and consult with a patent attorney to determine the patentability of your research findings.

4. Will my university have any claim to my patents?

It depends on your university's policies on patent ownership. Some institutions may have policies that grant the university partial or full ownership of any intellectual property created by their students. It is important to review and understand your university's policies before pursuing any patents.

5. Can I commercialize my patented PhD research?

Yes, if you are the owner of the patent, you have the right to commercialize your research. However, you may need to obtain a license from your university if they have any claim to the patent. It is also important to consider any potential conflicts of interest or ethical considerations before commercializing your research.

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