DCU’s role in the discovery and transmission of knowledge, and the provision of public service creates an environment which is highly conducive to the conception and development of many forms of intellectual property. There is always the possibility that such developments may have commercial value, which possibility may be enhanced through the use of patents and other such forms of intellectual property rights. DCU recognises and continues to foster and support the development of inventions for public use.

It is the purpose here, to state for University faculty, researchers and students the relevant policies, as well as the nature of faculty, staff, researchers and students’ responsibilities, privileges and options when they have made an invention.

Interests in University Inventions

There are usually several interests involved in connection with inventions developed at DCU by or under the direction of the faculty and/or research staff . These interests include the inventor, DCU, and the general public whose taxes and gifts support DCU through state funding. Where research is financed wholly or in part by a State Agency, charity or independent third parties, additional interests may exist. It is important therefore to consider the implications of any commitments or responsibilities you may have to the body/bodies responsible for funding the research which gives rise to your inventions.

Ownership of IP

It is important to recognise the key difference between inventorship and ownership. Under Irish Law, DCU owns the IP rights to inventions made by employees as part of their employment duties (unless it states specifically otherwise in their employment contract). However, as a legally recognised inventor you will benefit financially from any revenues generated from your invention. In addition, many research funding streams used during the development of your invention may give rise to certain intellectual property rights to third parties, which will also have to be considered.

Assignment of Rights

As a condition of employment, every DCU employee shall comply with the IP policy of DCU and shall agree to assign to DCU, to a patent development agency designated by the DCU, or to the sponsoring agency if required under agreements governing the research, any and all inventions made while an employee of DCU and in which DCU has an interest as determined under the IP policy. In addition, all employees shall agree to execute such documents of assignment at the time a draft patent application is prepared for Invent DCU and to do everything that may reasonably be required to assist Invent DCU or any other determined Assignee to obtain, protect and maintain patent rights. No assignment, licence, or other arrangement may be entered into or will be considered as valid with respect to DCU IP except as entered into by a DCU/ Invent DCU employee authorised to do so.

Intellectual Property Rights of Students

Students employed by DCU in any capacity are covered by the terms of this policy. In addition, where a student receives financial aid or remuneration under a sponsored research, training or fellowship programme, his/her rights in any invention are limited by the terms of the DCU agreement with the sponsoring agency. DCU shall have no vested interest in inventions developed by students who are not employees unless commitments to sponsoring agencies are involved.

Disclosure

All inventions, software and other DCU IP which has commercial potential must be disclosed in a timely basis to DCU through Invent DCU. The disclosure shall be made using the Invention Disclosure Form. The disclosure should be sufficiently complete in technical details to convey clear understanding of the nature, purpose, operation and to the extent known, the physical, chemical biological, electrical, software, algorithms or other characteristics of the IP. Please note the placing of a thesis in DCU library without ensuring that access is restricted constitutes public disclosure and may prevent patent protection as a result.

Reward Structure for Inventors of DCU IP

The following scale will apply in the sharing of net income available for distribution:

Inventions Developed Outside University Employment

DCU has no vested interest in inventions discovered by faculty or staff members entirely on their own time and without the use of DCU facilities. In order to help clarify the inventor's title to such inventions, as well as to comply fully with the requirements of any sponsoring agencies, all inventions discovered by a faculty or a staff member during his/her employment with DCU shall be reported to Invent DCU for determination of the degree of DCU interest.

Visitors

Unless there is a specific written contract to the contrary, all individuals who are invited onto campus to take part in research carried out by any DCU staff, undergraduate or postgraduate are treated as employees of DCU for the purpose of intellectual property created in respect of work the carry out in DCU. Certain exceptions may apply in defined circumstances.