Where can I find the intellectual property rules of the University?
The legal background is based on Act XXXIII. of 1995 on the Protection of Inventions by Patent and the regulation of the University of Pécs called the Regulation for Legal Protection of Intellectual Properties and the Handle of Intellectual Properties (hereinafter referred to as: Regulation).
Who is the subject to the rules? (Who is an inventor?)
· Persons who are in a public servant legal relationship with the University and other employed people, including the guest researchers
· Those who are in student legal relationship with the University, if they create relevant intellectual product according to a research institute or other institutional unit. (e.g.: thesis, scientific project for student science competitions (e.g.: OTDK), examination paper, exam film, degree plan for applied arts)
· Those who are participating in a doctoral programme or in a doctoral degree process
· Those who carry out scientific or research activity based on legal contractual relationship and persons who create intellectual product which is ruled by the Regulation.
Which intellectual products have to be disclosed?
· all intellectual property and protected knowledge which has been created during a research activity by the above listed persons if the employee aspect can be proved
· trademarks and other indications which are indirectly related to an other intellectual property which is ruled by the Regulation and which for a trade mark can be registered
· every other intellectual property which is regulated by Regulation due to the agreement of a research institute and a third party
When can we say that an invention is a service invention?
The service invention is an invention of a creator, who has a public servant legal relationship, or other employment relationship and the principal task of the employee is to create solutions related to the invention.
Any other activity besides the job description which is done by the employer’s instruction (oral, verbal or other implied conduct) is the employee’s duty as well. An invention is also an employee invention if it is not created in work time and at the employer’s workplace.
The legal successor of the patent for an employee invention will be the employer.
What are the other employee inventions?
Employee invention is an invention of a creator, who creates an intellectual product which is not his/her duty (it is not in his/her job description) but it can be utilized in the employer’s area of operation. The patent for the invention will be the inventor’s patent, but the exclusive non-transferable right of utilization goes to the employer.
What are the next steps, if the intellectual product is a service or employee invention?
A Technology Transfer Office operates at the University and its main duty is to support the innovation processes and R&D&I activities. They identify, protect and utilize the intellectual products created at the University.
The inventor must disclose his/her invention promptly after the creation in written form on a disclosing form (it is available at the Technology Transfer office) to the Technology Transfer Office and offer it to the University.
The intellectual product-type research result has to be disclosed in the Research Administration System by clicking to the new research result icon. Link to the system: https://kar.pte.hu/KAR/base
After the notification of the intellectual product it has to be registered in the SZTAR (Intellectual Product Administration System) and after the online registration it has to be printed and sent with the signature of the inventor(s) to the Technology Transfer Office. Link to the system: http://kar.pte.hu/SZTAR/default/login
The registration form signed by all inventors has to be sent in 3 copies and the detailed description of the intellectual product has to be attached as well. The circle of the inventors and their inventory-share has to be clarified in this form. It is the inventor’s duty to describe the intellectual product as detailed, that a professional from that professional area can understand the novelty and the inventory step of the IP.
The acknowledged date of the disclosure is when the Technology Transfer Office gets the registration form and the detailed description of the Intellectual Product.
It’s very important to be mentioned, that the too early publication can endanger the protection and the utilization of any intellectual products. The inventor’s duty is to make an effort on avoiding threats from the early stages of the research and development to the utilization with identifying the potential intellectual products and mapping the intellectual property rights and possible protection forms.
Who decides about the reception?
According to the regulation of the University of Pécs the University has to decide after the registration in 90 days if the University requires the service invention and utilize the employee invention or not.
Based on the registration form and the detailed description a lawyer and an innovation manager from the Technology Transfer Office will prepare the intellectual product to a level, where a patent attorney will be asked to make a novelty/patent research.
The decision will be made by the Innovation Committee after considering the preliminary evaluation and suggestions taken by the Technology Transfer Office. The inventor(s) will be informed in a written report by the Technology Transfer Office.
What happens if the University do not accept the intellectual product?
The inventor disposes freely of the service invention, if the Innovation Committee rejects the intellectual product or does not make a statement in 90 days after the registration.
The protection for employee inventions can be asked without the University’s utilization rights, if the University contribute to it or does not make a statement in 90 days.
What happens if the University accepts the intellectual product?
If the University accepts the intellectual product, the inventor and University make a contract with each other, in which they lay down the details and conditions of the intellectual product’s utilization and protection.
The copyrights (person related rights) are inalienable from the inventor(s), so they will be mentioned in the patent application and in publications too.
The most substantial consequence of the acceptance is that after the acceptance date the University will be authorized for the property rights, so after it just the University will be allowed to decide about the invention and determine the intellectual property and utilization strategy.
Naturally problems and questions will occur during the protection and utilization processes which will require the professional help and knowledge of the inventors. Considering this the inventor must cooperate with colleagues of Technology Transfer Office, the patent attorney and other professionals involved in the utilization process to give the required professional information.
The University after the acceptance of the intellectual product has to make the patent application in a reasonable time and its duty to proceed in the protection case with due (reasonable and customary) care. The University can set aside or withdraw patent application, if the University keeps it in secret and utilize it as business/trade secret.
The University bears all costs and expenses of legal protection and utilization.
What kind of legal remedy possibilities does the inventor have against the acceptance decision?
If the inventor considers injurious the decision about his/her intellectual product, then (s)he can ask a revision from the Rector in a petition with detailed explanation.
After injurious decision of the Rector the inventor is allowed to ask judicial review.