IP reuse in research project - royalties?

Kadongy

If intellectual property [in the form of software components] is reused in a further funded research project by a university, would the inventor be entitled to royalties? At what time would they receive them?
Or would they only get royalties if the components were used in a resultant commercial product?

Thanks

Turbulent Bill

Typically any intellectual property created in a university research project is owned by the university - this probably varies a bit from place to place but is generally true. As such they can do what they like with it royalty-free to the creator(s).

In practice if there's commercial value to it they'll licence the technology to a 3rd party company (for a big fee) or to the creators' campus company / startup (for a much smaller fee).

Kadongy

Turbulent Bill wrote: »

Typically any intellectual property created in a university research project is owned by the university - this probably varies a bit from place to place but is generally true. As such they can do what they like with it royalty-free to the creator(s).

In practice if there's commercial value to it they'll licence the technology to a 3rd party company (for a big fee) or to the creators' campus company / startup (for a much smaller fee).

No if they get money for it the inventor gets royalties.
I was wondering if inventors are entitled to anything if it brings in funding rather than is directly licenced

Turbulent Bill

Kadongy wrote: »

No if they get money for it the inventor gets royalties.
I was wondering if inventors are entitled to anything if it brings in funding rather than is directly licenced

In my experience the inventor(s) gets nothing unless they themselves start a business to use the IP. My research contracts in TCD specifically stated that any IP created during the projects was the College's property, hence there's no obligation for them to pay the inventors anything. It's the same situation in industry - if you invent something in the course of work it's usually the company's property, even if your name ends up on the patent.

Kadongy

In my uni they specifically say the inventor gets royalties. The IP is the property of the college, but the inventor gets royalties for any paid licencing of it.

opinion guy

It all depends on your contract.
Back when this was relevant to me I would have gotten 10% or something like that. Its just entirely contract defined and varies by each institution

Turbulent Bill

Kadongy wrote: »

In my uni they specifically say the inventor gets royalties. The IP is the property of the college, but the inventor gets royalties for any paid licencing of it.

Fair enough, nice situation for you! In that case you might be entitled to royalties, but it might be restricted to 3rd-party licencing of the IP, not reuse by the university. You should query it directly with the IP group to see what the story is.

Jokesetal

Just a side note, if you generated the IP as part of a funded project (eg. EI), then the IP belongs to the University. DIT have different rules. However if the idea was used to get in funding it's not considered income, as it's a contract to deliver work. Sounds like a colleague/supervisor bandwagon episode....?

CramCycle

Kadongy wrote: »

In my uni they specifically say the inventor gets royalties. The IP is the property of the college, but the inventor gets royalties for any paid licencing of it.

Alas most universities are no longer like that, in UCD if you come up with any IP, it belongs to UCD generally unless you have something in your contract excluding that. The only money you receive is if you begin a start up company from the IP or you pro actively license the IP through the University but even then it is because you found the money not because you own the IP (which you don't in most cases).

Megamouth

This is a bit of a grey area - if you are a PHD or masters student and made the discovery YOU rather than the university own the rights and IP! If you are a paid/salaried RA or researcher the university and your PI own it ! Its worth persueing as long as you pay fees!:)