How It Works

What is Intellectual Property?

Intellectual property (IP) refers to any idea or invention that has the potential to become a patent, trademark, copyright, or trade secret. OTIE works with students, faculty, and staff members to protect and commercialize IP. 

Disclosure, Licensing, and Patents

The disclosure process begins with the inventors contacting the OTIE for an informal review of the invention. It is important to contact the OTIE as early as possible after an invention is made and before it is described outside the group of inventors, as there may be substantial consequences in public disclosure for the legal rights involved.

If it is determined that the invention may be patentable, the OTIE will ask the inventor to submit an invention disclosure through Sophia and to complete (often with OTIE assistance) any other necessary initial disclosures that may be required, e.g. notification of joint institutional partners or sponsors with rights in the invention.

A carefully completed WPI invention disclosure allows the OTIE to begin evaluating the invention's potential value as an intellectual property asset and to initiate the patenting process if indicated. If the university does proceed, the OTIE will maintain dialogue with the inventor and a patent attorney to develop a patent application. Patent issuance can take anywhere from 18-26 months, during which time the OTIE will initiate marketing efforts typically in coordination with other university centers and institutes to commercialize the invention.

Various commercialization paths may be pursued, but all involve some type of licensing of patent rights. Licensing technologies can be challenging, and inventors are highly encouraged to build relevant industry networks, publish articles about the technology, and attend conferences and tradeshows to promote the technology. (But remember—disclose to OTIE first.)

Ownership Rights

Establishing rights to intellectual property (IP)—such as inventions and copyrights, data, formulae, computer software specifications, processes, patents, or other technical or product information—is important to both the university and the inventor(s), regardless of whether the inventor is a faculty member, staff member, or student. The WPI Intellectual Property Policy was developed to set forth rights and obligations of the university and its employees when IP is created.

The university's ownership rights to the IP it creates or reduces to practice under federal funding is protected by law under most federally sponsored agreements. The government usually maintains a non-exclusive, royalty-free license for government purposes. However, the ownership and commercial rights to inventions developed under external, non-federal sponsorship are negotiated as part of the sponsorship agreement.

While the circumstances vary widely, in most cases the university retains ownership of the IP it develops with the sponsor, retaining an option to a commercial license for inventions developed. Responsibility for IP protection expenses are usually a significant aspect of the sponsorship agreement negotiations on commercial rights.

At a minimum, the university will insist on maintaining the ability to use the IP for internal research and educational purposes. The university and the inventors also retain financial interest in any financial consideration received as a result of licensing (including royalties).