Guide to Intellectual Property

Application for Invention

Participants:

Author , CIiTT

Description

Making the application of intellectual property by the author on the designated form of CIiTT.

Result

Application of work / invention /know-how

Links  

  • Application of work / invention /know-how
  • Terms of intellectual property and legal protection of intellectual property at the Medical University of Lodz.

Time: When you have idea!

X

Participant: Author

the person who created the intellectual good. Author in accordance with the Regulations may be an employee, graduate student or a student at the Medical University of Lodz [Reg. Sec. II and IV, Annex 1]. Author is the main participant and recipient of the Process 1, and the main customer of the center. Thanks to him, the University builds its potential for innovation.

The first task of the Author is to provide complete and signed form of "Application of work / invention / know-how" to CIiTT.

X

Participant: Centrum Innowacji i Transferu Technologii [CIiTT]

is a university-wide unit hereinafter called the Centre acting in accordance with Article 86 paragraph 5 of the Act of 27 July 2005 on Law on Higher Education (Journal of Laws of 2012. item 572, as amended) and the Statute of the Medical University of Lodz.

The aim of the center is to implement actions leading to better use of intellectual and technical potential of the University, transfer of results of research and development work of the University for the economy.

In Process 1 the task is to help developers, when completing the „application of work / invention / know-how" and to provide information on the content and attachments, readability description of the invention and other.

X

Detailed Description:

Submission of "Application of work / invention / know-how" is the first step towards gaining protection. This is a notice about the idea, which may be worthy of protection and commercialization. Anyone who created the good of intellectual property notifies about it using the Form provided for this (Application of work / invention / know-how) and is obliged to inform his Head of Unit of produced invention.

Completed and signed original form along with the electronic version Author shall deliver to CIiTT. Submission of Form to the Centre in accordance with the Act on Higher Education is treated as receiving information from authors about creating intellectual good. It provides a basis for determining the later stages of the process of allocation of rights to the invention, as well as future revenue from the commercialization.

The detailed procedure for application is described in the Regulations of intellectual property and legal protection of intellectual property at the Medical University of Lodz [Appendix 1].

Submission of Application Form opens the door to the benefits of inventions such as:

  • Calculation of points for the unit and the employee - basis: Regulation of Higher Education Ministry on the criteria and procedure of granting scientific category to research units of 27 October 2015;
  • Financial prize from the Rector to employees - basis: Regulations on awards from Rector to academics of University of Lodz, Resolution No. 57/2012 of 13 December 2012;
  • participation in the profits from implementations - base: Terms of intellectual property and legal protection of intellectual property in the University of Lodz (Chapters III and IV).

X

Result:

Completed and signed form of "Application of work / invention / know-how" is a document providing for the formation of a new intellectual equivalent of a declaration of transfer of goods to the University and is subject to further procedures. Form is the basis for the University to engage their resources for the acquisition of protection and commercialization.

Decision of the University

Description

Rector after receiving the recommendation of the Committee for Intellectual Property makes a decision on granting funding to the legal protection of intellectual good and its commercialization by the University.

Result

Decision of the Rector

Links

  • Terms of intellectual property and legal protection of intellectual Property at the Medical University of Lodz
  • Law on Higher Education, Act of 27 July 2005 (Journal of Laws of 2012, item 572, as amended) - Art. 86
  • Time: 30 days

    X

    Participant: Committee for Intellectual Property

    consists of at least 6 members, who are appointed and dismissed by the Rector. The Committee examines the applications of intellectual property rights received via Form of "Application of work / invention / know-how" (Appendix 2 of the Terms of intellectual property and legal protection of intellectual property at the Medical University of Lodz).

    Basic principles of work and the competence of the Committee for Intellectual Property define the "Terms of intellectual property and legal protection of intellectual property at the Medical University of Lodz" (Chapter V, from § 21 to § 23). Committee 's role in this process is issuing an opinion for the Rector on the covering the costs of protection by the University.

    X

    Participant: Centrum Innowacji i Transferu Technologii [CIiTT]

    Is a university-wide unit hereinafter called the Centre acting in accordance with Article 86 paragraph 5 of the Act of 27 July 2005 on Law on Higher Education (Journal of Laws of 2012. item 572, as amended) and the Statute of the Medical University of Lodz. The aim of the center is to implement actions leading to better use of intellectual and technical potential of the University, transfer of results of research and development work of the University for the economy.

    In Process 2 the Center is responsible for administrative support work of the Committee for Intellectual Property and cooperation with the creator. Rector based on the recommendation of members of the Committee shall decide on financing the protection of intellectual Good from the University funds.

    X

    Participant: The Rector

    After consulting the Committee for Intellectual Property issues a written decision to grant funding to protect the intellectual right and its commercialization by the University.

    X

    Detailed Description:

    The form "Application of work / invention / know-how", with confidential personal data of the authors, shall be forwarded to the Committee for Intellectual Property for an opinion by voting.

    Within 10 calendar days it shall issue an opinion assessing the good on the basis of three criteria:

    • innovation,
    • commercialization potential,
    • influence.

    Committee 's opinion in the individual criteria is expressed in a three-point scale of low, medium and high level. Each member is required to give a good positive or negative assessment or abstain from voting.

    In the absence of the required majority of votes the application shall be put to another vote in short mode up to 4 calendar days.

    In case of second insufficient number of double opinion of the Members of the Committee the decision to grant funds for the intellectual rights protection shall be made by Director of CIiTT. Rector on the basis of the application form and on the recommendation of the Committee for Intellectual Property  or CIiTT Director's decides whether to grant funding to protect and to commercialize the invention by University.

    Decision on the protection is taken by the Rector within 30 days from the date of acceptance of the application by CIiTT.

    X

    Result:

    Written decision of the Rector is the basis for the award by the University funds for protection of produced intellectual good and its commercialization.

    Obtaining the consent of Rector starts the process of acquiring legal protection for the sake of intellectual led by CIiTT with the help of the Patent Commissioner.


    Forms of protection

    Description

    The choice of protection in cooperation with the Authors and the Commissioner. Possible forms of protection: know-how, industrial design, utility model, patent, trademark.

    Result

    Application for awarding a protection

    Links  

    • The Act of 30 June 2000 on Industrial Property Law Art. 24-27 (INVENTION))
    • The Act of February 4, 1994 on Copyright and Related Rights Art. 1 (WORK)
    • • Act of 16 April 1993 on Unfair competition Art. 11 (KNOW-HOW)

    Time: 10-180 days

    X

    Participant: Patent Commissioner

    provides legal assistance in the provision of advice and legal consultation for the preparation of legal opinions and the support i.e. Technical descriptions in the development of applications for the protection of objects of creative activity for industrial use, study their coverage, conducting research on the state of the art.

    Patent Commissioner acts as representative of the Author in proceedings before the Patent Office of the Republic of Poland (Polish Patent Office) and its task is constant communication between the Author and the CIiTT for queries with the Polish Patent Office.

    X

    Participant: Twórca

    The person who created the intellectual good. Author in accordance with the Regulations may be an employee, graduate student or a student at the Medical University of Lodz. The Author should exercise constant cooperation with the Patent Commissioner and CIiTT resulting in a filing application in the Patent Office.

    X

    Participant: Centrum Innowacji i Transferu Technologii [CIiTT]

    Is a university-wide unit hereinafter called the Centre acting in accordance with Article 86 paragraph 5 of the Act of 27 July 2005 on Law on Higher Education (Journal of Laws of 2012. item 572, as amended) and the Statute of the Medical University of Lodz. The aim of the center is to implement actions leading to better use of intellectual and technical potential of the University, transfer of results of research and development work of the University for the economy. Center is responsible for initiating cooperation between Author and Patent Commissioner and further efficient and effective communication.

    X

    Detailed description:

    After receiving a positive decision of the Rector to grant funds for the application protection and the desire of its commercialization through the University. Centre forwards the application along with the Form to the Patent Commissioner. Within 10 days he is obliged to start technical arrangements for the selection of the forms of protection with the Author. As a result of collaboration submission of Applications for a patent for an invention or other forms of protection to the appropriate office is made. In this process, time is priority, the faster the Author complements the content, the faster the application will be filed.

    Possible forms of protection of an invention:

    • intellectual property of the employee,
    • know-how or notarized invention,
    • industrial design,
    • utility model,
    • patent (including the prior patent application),
    • trademark.

    As long as the essence of the invention is not been made public (publication, poster, presentation) you can apply for recognition of the patent for that invention. 


    X

    Result:

    Application for a patent (appropriate for forms of protection) to provide protection. Application will be considered made on the date on which the application is received by the Patent Office in writing.


    Obtaining legal protection

    Description

    The procedure for granting a patent / protection right is a proceedings pending at the Patent Office (Polish Patent Office, EPO, PCT). It includes the steps of: classification of invention, formal and legal research and factual state of the art, the reservations, the decision.

    Result

    Patent document

    Links  

    • Examples of certificate

    Time: 24 months

    X

    Participant: Patent Commissioner

    provides legal assistance in the provision of advice and legal consultation for the preparation of legal opinions and the support ie. Technical descritpions in the development of applications for the protection of objects of creative activity for industrial use, study their coverage, conducting research on the state of the art.

    Patent Commissioner acts as representative of the Author in proceedings before the Patent Office of the Republic of Poland (Polish Patent Office) and its task is constant communication between the Author and the CIiTT for queries with the Polish Patent Office.

    X

    Participant: Author

    the person who created the intellectual good. Author in accordance with the Regulations may be an employee, graduate student or a student at the Medical University of Lodz.

    The role of the Author in Process 4 is to develop the content of documents in cooperation with Patent Commissioner being the base of the application. Commissioner is the link between the Patent Office and the Author of the intellectual good helping to obtain a patent.

    X

    Participant: Centrum Innowacji i Transferu Technologii [CIiTT]

    Is a university-wide unit. The aim of the center is to implement actions leading to better use of intellectual and technical potential of the University, transfer of results of research and development work of the University for the economy. The center is responsible for the efficient handling of administrative process between Committee for Intellectual Property, the Rector and the Author and subsequent contact with the Patent Commissioner.

    X

    Participant: Polish Patent Office

    is the central state authority having jurisdiction in matters of industrial property.
    Performing its basic tasks in the areas of:

    • granting legal protection to objects of industrial property,
    • collecting and sharing documentation and patent literature,
    • co-creating and popularizing the principles of the protection of industrial property.

    The role of the Polish Patent Office is the qualification of the invention, formal, legal and substantive examination of the state of the art, possible objections and deciding on granting protection.


    X

    Detailed description:

    The first step towards obtaining a patent is to file an application for a patent in the Polish Patent Office. In the first stage the Authority determines the classification of the invention, the state of the art of research and studies in terms of formal law. In case of doubt, the Author is called to supplement / remove content of application.

    Within 12 months of the filing the application of intellectual property in Polish Patent Office, there is the possibility to extend the protection to other countries through:

    • European Patent Application (EPO),
    • International Patent Application (PCT).

    After 18 months from the date of filing in Polish Patent Office followed by an announcement in the Bulletin of the Patent Office information about the invention. From the date of publication of the patent application, third parties may refer to application description of the invention and the until a decision on granting the patent, may make comments as to the existence of circumstances preventing the grant of a patent.

    Then the trial of substantive application is conducted in order to determine the patentability of the invention.

    Process 4 ends with the decision to award exclusive rights or refusal. After granting the right by the Patent Office, and payment of protection fees a number of right with the entry in the Register of Patents shall be assigned. As a result, entity entitled to patent receives patent document, which is entered in the open register of granted patents.


    X

    Result:

    The patent is a proof of ownership of a invention, industrial design, etc. intellectual goods for authors. It shows exclusive rights to exploit the invention by authorized for any purpose, including commercial.

    The term of protection of individual forms of protection:

    • The patent provides protection for the solution to 20 years from the date of filing.
    • The utility model has the duration of protection right of 10 years from date of filing.
    • Industrial design has a protection given in cycles of 5-years and can last up to 25 years.

    Trademark provides protection for 10 years, but the period of protection may be extended without restrictions (subject to payment of official fee).

    X

    Documents for download:

    • Examples of certificate

     

    Maintaining protection

    Description

    After the first three years of protection is based on the recommendation of the Committee. Intellectual Property decided to continue the safeguard duties by the University. In order to obtain further financing to demonstrate commercial potential.

    Result

    Recommendation for continue protection funded by the University.

    Links 

    • Terms of intellectual property and legal protection of intellectual property at the Medical University of Lodz

    Time: up to 30 days

    X

    Participant: Committee for Intellectual Property

    consists of at least 6 members, who are appointed and dismissed by the Rector. The Committee examines the applications of intellectual property rights received via Form of "Application of work / invention / know-how" (Appendix 2 of the Terms of intellectual property and legal protection of intellectual property at the Medical University of Lodz).

    Basic principles of work and the competence of the Committee for Intellectual Property define the "Terms of intellectual property and legal protection of intellectual property at the Medical University of Lodz" (Chapter V, from § 21 to § 23). Committee's role in this process is to issue an opinion for the Rector on further covering the costs of protection.

    X

    Participant: Centrum Innowacji i Transferu Technologii [CIiTT]

    Is a university-wide unit. The aim of the center is to implement actions leading to better use of intellectual and technical potential of the University, transfer of results of research and development work of the University for the economy. The center is responsible for the efficient handling of administrative process between Committee for Intellectual Property, the Rector and the Author and subsequent contact with the Patent Commissioner./p>

    X

    Participant: Author

    The person who created the intellectual good. Author in accordance with the Regulations may be an employee, graduate student or a student at the Medical University of Lodz [Reg. Sec. II and IV, Annex 1]. The role of author is to demonstrate to Committee for Intellectual Property the opportunities for the commercialization of the invention.

    X

    Participant: The Rector

    After consulting the Committee for Intellectual Property issues a written decision to grant funding to protect the intellectual right and its commercialization by the University.

    X

    Participant: Patent Commissioner

    Provides legal assistance in the provision of advice and legal consultation for the preparation of legal opinions and the support i.e. Technical descriptions in the development of applications for the protection of objects of creative activity for industrial use, study their coverage, conducting research on the state of the art.

    The role of Patent Commissioner is the monitoring and payment of protective fees.

    X

    Detailed description:

    According to the Terms of intellectual property legal protection of intellectual property (Appendix 1 Application Procedure paragraphs 10 and 11) The University is committed to the protection of the invention for the first three years of protection. Covering additional protection costs from the funds allocated to the University patents is dependent on demonstration by the author commercial potential of the invention. In order to continue protective fees the Author shows the potential of the invention for economy, e.g. concluded or negotiated contracts, opinion of Innovation Broker and description of attempts to commercialize.

    The final decision based on the recommendation of the Committee for Intellectual Property is made by Rector. In case of refusal, the author may for this purpose allocate his statutory or private funds. At the same time university does not waive the rights to the intellectual Good / invention.

    CIiTT is responsible for complying with the procedure.

    X

    Result:

    Written decision of Rector to continue to protection fees for invention having a perspective commercialization potential.


    Commercialization

    Description

    From receipt of the patent application and the decision of Rector starts the search for the possible path of commercialization, which may result in the signing agreements with operators (direct) or creating a company (indirect).

    Result

    Commercialization agreement (license, transfer, sale), business plan, the articles of association (in-kind contributions, shares)

    Links  

    • Terms of intellectual property and legal protection of intellectual property at the Medical University of Lodz
    • Law on Higher Education, Act of 27 July 2005 (Journal of Laws of 2012. item 572, as amended) - Art. 86

    Time: up to 5 years

    X

    Participant: Commission for commercialization

    the task of Commission for commercialization is to seek paths of commercialization for the proposed intellectual good, which allows the transfer (sale) of innovation and technology produced by the Medical University of Lodz. The overriding goal is to achieve financial benefits, as well as decisions about the commercialization of goods. The Commission is always appointed and dismissed by the Director of CIiTT for time of works on the commercialization of intellectual goods. The Commission for commercialization consists of at least 4 persons: Director of CIiTT, a representative of Legal Office, representative of Medical University of Lodz Bursary and the main Author of the commercialized goods.

    X

    Participant: Author

    The person who created the intellectual good. Author in accordance with the Regulations may be an employee, graduate student or a student at the Medical University of Lodz [Reg. Sec. II and IV, Appendix 1]. Author is obliged to take an active part in discussions with a partner interested in the implementation of intellectual good produced by the author and participation in the work of the Commission for commercialization.

    X

    Participant: Centrum Innowacji i Transferu Technologii [CIiTT]

    Is a university-wide unit herinafter called the Centre acting in accordance with Article 86 paragraph 5 of the Act of 27 July 2005 on Law on Higher Education (Journal of Laws of 2012. item 572, as amended) and the Statute of the Medical University of Lodz. The aim of the center is to implement actions leading to better use of intellectual and technical potential of the University, transfer of results of research and development work of the University for the economy. Center is responsible for initiating cooperation between Author and Patent Commissioner and further efficient and effective communication.

    X

    Participant: Partner

    A natural person, legal person or organizational unit without legal personality, which invests funds in projects likely to bring profit. - This is the person who, in terms of risk makes investments through the implementation of the results of research and development, including the application of inventions both own and purchased in the form of a license, associated with the launch of new products or modernization of the products manufactured and the introduction of new methods production, which precede the start of production on an industrial scale.

    X

    Detailed description:

    Since the adoption by the Rector of Process 2, a decision on the protection and commercialization of goods by the University, starts a search for a possible path of commercialization. For this purpose Commission for commercialization is established. It composes of representatives of CIiTT, Bursary representatives, representatives of the Legal Office and the same Author. Commission's work may continue independently and in parallel for process of gaining protection.

    The powers of Commission for commercialization include proposing the best path of commercialization:

    • Direct (license, sale of rights, conversion);
    • Indirect (creation of the company).

    By means of commercialization of the invention can be taken action as: preparation of the technological offer, business plan, search for partners (negotiations, preparation of relevant agreements) or the appointment of a new business entity with the participation of the SPV of the University.

    Prior to the negotiation and presentation of technical details of a good center and author are obliged to conclude a confidentiality agreement with a partner for protecting produced good.

    The final decision on choosing method of commercialization is taken by the Rector after consulting the Commission for commercialization. Each agreement leading to the commercialization of the goods must be approved by the Rector. /p>

    Costs resulting from the commercialization bears Medical University of Lodz, unless a separate agreement provides otherwise. And all decisions regarding the commercialization are undertaken in a manner that avoids conflicts of interest.

    Funds obtained from the commercialization carried out by the University, as a rule, are divided in the ratio of 50% for the Author and 50% for the University, and the amount of funds for the Author is reduced by 25% of the costs directly related to the commercialization.

    X

    Result:

    • Confidentiality agreement (the basis for the commencement of bussines talks with a potential investor interested in creation of intellectual good),
    • Commercialization agreement (license, transfer, sale),
    • Business plan,
    • The articles of association (in-kind contributions, shares).

    Refusal of the University

    Decision not to commercialize by University

    Description

    In case of University making a decision not to commercialize the invention and in case of lack of protection funding from the University, Author has the option to buy the rights to the invention and make independent commercialization.

    Result

    Decision of the Rector

    Links  

    • Terms of intellectual property and legal protection of intellectual property at the Medical University of Lodz
    • Law on Higher Education, Act of 27 July 2005 (Journal of Laws of 2012. item 572, as amended) - Art. 86

    From: from 30 to 90 days

    X

    Participants: Committee for Intellectual Property

    Consists of at least 6 members, who are appointed and dismissed by the Rector. The Committee examines the applications of intellectual property rights received via Form of "Application of work / invention / know-how" (Appendix 2 of the Terms of intellectual property and legal protection of intellectual property at the Medical University of Lodz).

    Basic principles of work and the competence of the Committee for Intellectual Property define the "Terms of intellectual property and legal protection of intellectual property at the Medical University of Lodz" (Chapter V, from § 21 to § 23).

    Committee in the Process 7 delivers an opinion to the Rector about not covering the cost of protection from the University.

    X

    Participants: Author

    the person who created the intellectual good. Author in accordance with the Regulations may be an employee, graduate student or a student at the Medical University of Lodz [Reg. Sec. II and IV, Appendix 1].

    The role of Author in the Process 7 is to make the decision to accept the offer of repurchasing the goods from the University and its commercialization by own means.

    X

    Participants: Centrum Innowacji i Transferu Technologii [CIiTT]

    Iis a university-wide unit. The aim of the center is to implement actions leading to better use of intellectual and technical potential of the University, transfer of results of research and development work of the University for the economy. The center is responsible for the efficient handling of administrative process between Committee for Intellectual Property, the Rector and the Author. The center is responsible for the preparation of an agreement on the transfer of rights to the Creator.

    X

    Participants: the Rector

    Rector after receiving the recommendation of the Committee for Intellectual Property makes a decision on granting funding to the legal protection of intellectual good and its commercialization by the University.

    X

    Detailed description:

    According to the Terms of intellectual property at the University of Lodz and in accordance with art. 86e of the Law on Higher Education university is required to take a decision on the commercialization of proposed intellectual good, within three months from the date of receipt of information from the employee (from the submission by the author to CIiTT completed and signed Form of "Application of work / invention / know-how" ). In case of University making a decision not to commercialize the invention, the inventor shall have the option to buy the rights to the invention and self-commercialization. University within 30 days from the date specified by statute is required to provide developers offer to enter into unconditional and paid contract for the transfer of rights. The amount of remuneration for the University is 10% of the minimum wage on the date of the agreement. The author may refuse to accept the offer of transfer of rights, thus leaving the right to non-commercialized good at the Medical University of Lodz.

    In case of successful commercialization of goods purchased by the author, the University reserves the right for 25% of the cash, reduced by 25% of direct costs associated with the commercialization.

    X

    Result:

    Written decision of the Rector to refuse financing and commercialization by the University - opens the way for developers to independently commercialize from their own resources.

    Agreement on the paid transfer of rights to the Author.