Intellectual Property and Senior Design Projects
Patents Patents may be pursued for the use of algorithms in software Patents are allowed only for inventions that are novel, useful and not obvious If the invention was done before, it is not patentable Inventors of patented technologies are determined according to patent law
Patent Ownership Drexel has an ownership interest in all inventions made by faculty, staff and graduate students Drexel undergraduates have the right to own patents for inventions made in fulfillment of a degree (e.g. in senior design)
Patent Ownership If undergrads only are inventors, each undergrad inventor has an ownership right in invention If faculty, staff or grad students are also inventors, Drexel and each undergrad student has an ownership right If only faculty, staff or grad students are inventors, Drexel solely owns invention
Copyright Copyright protection covers code that is written Generally, whoever writes a particular piece of code is the “author” of that piece Complete software packages typically have multiple authors
Copyright Ownership Under Drexel policy, if anyone makes “substantial use of University resources” (including computing facilities and infrastructure, and faculty advice), Drexel has the right to own the copyright –Applies to all students, faculty and staff –Each author is entitled to receive a share of income from any copyright license done by Drexel for that software
The Paradox Undergrads have the right to own patents on inventions Drexel has the right to own all copyrights underlying the code of the software with the patentable invention
The Solution Drexel is willing to waive its right to the undergrad students’ copyrights, in order to facilitate their commercial pursuit of the technology they developed But….please contact Dr. Robert McGrath in Drexel’s Office of Technology Commercialization to ensure that none of the exceptions that follow
Exceptions to the Rule IF: The project is being performed in collaboration with companies or individuals outside Drexel, it will be covered by a contract between Drexel and the company/individual, or The project is supported with government funding THEN: All students must sign over their patent ownership rights to Drexel and Drexel retains ownership in the copyright
The Rules Still Apply Drexel will negotiate a license agreement with the sponsor or another third party Each student is entitled to be treated as an inventor/author under Drexel’s policies, and receives a proportional share of licensing income received by the University
Policies Patent Policy ent_policy.asp ent_policy.asp Copyright Policy yright.asp yright.asp