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Faculty Scholarship at Penn Law

Ascertaining ownership

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Intellectual Property: Ownership And Protection In A University Setting, Cynthia L. Dahl Jan 2019

Intellectual Property: Ownership And Protection In A University Setting, Cynthia L. Dahl

Faculty Scholarship at Penn Law

Before an academic entrepreneur may protect or commercialize an invention, they must understand if they own the rights to it. This short chapter helps the inventor to consider the various scenarios that occur in a university setting. It advises the inventor how to seek a waiver from the university if they believe they are the true owner of the invention. If the facts indicate that the invention should be owned by the university, the chapter also discusses how a university decides to formally protect the invention through patent or copyright. Finally, the chapter advises the inventor how to stay involved ...


Intellectual Property: Commercializing In A University Setting, Cynthia L. Dahl Jan 2019

Intellectual Property: Commercializing In A University Setting, Cynthia L. Dahl

Faculty Scholarship at Penn Law

If an academic entrepreneur wants to commercialize their invention, they must first clarify who owns the invention, and then decide on the best commercialization possibility. This short chapter describes the various scenarios that might occur in a university setting. In most cases, a university will own the invention created by its researchers and faculty because of their employment. A university may then either license out the entrepreneur’s invention to a third-party company to further develop and commercialize, or may license the invention back to the entrepreneur so that they may commercialize it themselves through a start-up. Such license agreements ...