XIII. University of Guelph General Information

Policy on Intellectual Property

Section 3: Inventions and Tangible Research Property

• 3.1 Inventions and Tangible Research Property belong to Personnel who create the Invention or Tangible Research Property, even if it is produced during the course of their University Activities, except in those cases where:

  1. there is a pre-existing Contract that assigns the ownership rights to the University or to a third party; or

  2. the Invention or Tangible Research Property is created according to Section 3.2.

• 3.2 No Personnel shall claim any ownership, and Personnel hereby assign ownership to the University in any Inventions or Tangible Research Property that is:

  1. encompassed within section 3.1(a) above;

  2. produced by Personnel at the specific request or direction of the University; or

  3. produced by Personnel employed for the express purpose of creating or producing Inventions or Tangible Research Property, or where there is an explicit requirement in a Personnel’s job description for this responsibility.

• 3.3 Prior to proceeding with a patent application or Commercialization activity, Personnel shall provide written disclosure to the University of any Invention made by them. Such disclosure shall assert whether ownership of the Invention is claimed by Personnel according to this Policy and the Personnel’s intention to pursue Commercialization independently or with the assistance of the University. If the University fails to challenge in writing the assertions of the Personnel within three (3) months of the receipt of disclosure of the Invention, the University shall be deemed to have accepted as accurate the assertions set out in the disclosure. Failure by a Personnel to disclose an Invention shall not terminate or waive any potential claim by the University regarding Intellectual Property rights.

• 3.4 Subject to section 3.3, where Personnel own an Invention or Tangible Research Property according to this Policy, they may, at their sole discretion, make arrangements for protection and Commercialization at their sole expense and benefit.

• 3.5 Where an Invention or Tangible Research Property is owned by Personnel, Personnel may enter into an agreement with the University, at each party’s discretion, for the performance of commercialization activities such as evaluation, patent protection, marketing and negotiation of licenses. The Creator(s) will be entitled to receive fifty percent (50%) of Net Revenues as a result of commercialization of an Invention or Tangible Research Property by the University.

• 3.6 Where an Invention is owned by the University, Personnel may enter into an agreement with the University, at each party’s discretion, for the performance of commercialization activities such as evaluation, patent protection, marketing and negotiation of licenses. The Creator(s) will be entitled to receive fifty percent (50%) of Net Revenues as a result of Commercialization of an Invention by University.

• 3.7 Where Tangible Research Property is owned by the University according to Section 3.2, University reserves to itself all ownership rights and revenues.

• 3.8 The University reserves to itself and Personnel shall grant a fully paid-up, non-exclusive, royalty-free, irrevocable and non-transferable license to use any Personnel-owned Invention or Tangible Research Property made, discovered or developed using the University’s facilities, support personnel, support services, equipment or materials, for academic and research purposes.

• 3.9 In the event that an Invention or Tangible Research Property is the creation of more than one Personnel, the provisions of this article apply on a pro rata basis to all the Creators unless a written agreement or Contract states otherwise.

• 3.10 The University may, at any time, elect to terminate or relinquish its rights in any Invention or Tangible Research Property. In the event that the University or any other assignee relinquishes its rights in any Invention, all Intellectual Property rights shall revert back to the Creator(s). In the event that any Creator is deceased, the rights shall revert to the estate of that Creator.