SIU School of Medicine has revitalized its efforts in establishing and promoting its intellectual property rights in research related technologies through the Office of Technology Transfer. The development of intellectual property rights helps advance the School of Medicine’s reputation as an innovator in the areas of Medicine and Health and allows the University to gain valuable access to important business partners, large and small. The purpose of the Technology Transfer Office is to:

    • Educate the faculty and staff on the benefits and legal aspects of the intellectual
       property related issues;

    • Provide a valuable resource to faculty and staff that need assistance in patent
       or copyright protection and licensing activities; and

    • Promote and market such ideas for the benefit of the public
       and University interests.

What is Intellectual Property?

Intellectual Property is a property right that one has on an idea that is protectable. The main types of intellectual property protection include patents, copyrights, trademarks and tradesecrets. Each type of intellectual property right is governed by its own applicable set of laws. For more information, please consult the U.S. Patent and Trademark website at www.uspto.gov and the U.S. Copyright Office at www.copyright.gov.

Patents:
Any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent.” The word “process” is defined by law as a process, act or method, and primarily includes industrial or technical processes. (from the USPTO website)

Copyrights:
Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly. The copyright protects the form of expression rather than the subject matter of the writing. (from the USPTO website)

Tradesecrets:
Most commonly protected by the applicable state common law and statutes, tradesecrets and know-how are protected by non-disclosure agreements and other activities that actively keep a method or device out of the public domain.

Trademarks:
The University does not have a set policy on Trademark and Sericemark support, but is willing to provide answers to its most qualified ability.

Procedure and Policies

Generally speaking, materials produced or discoveries founded within the duties of that as an employee of the University will be deemed a work for hire product to which the University retains certain rights.   SIU School of Medicine currently supports a 50/50 split on profit sharing for intellectual property related revenue after the University is reimbursed from its costs in obtaining the protection and any other relevant costs.   Please see the SIU School of Medicine Patent and Copyright Policy and Procedures Manual for a more thorough description of the University's position on these matters.  

The process of gaining intellectual property protection begins with a protectable idea.   Once an inventor believes that he has a useful idea, he is then encouraged to contact the Office of Technology Transfer to briefly review the technology.  

If the idea or invention has economic or public interest merit and satisfies the novel and non-obvious requirements of patent law, the inventor will then be asked to fill out an invention disclosure form.   The director of the Technology Transfer Office will evaluate the patentability of the idea base of the invention disclosure form.   The inventor will then be asked to present their idea and reasons for seeking protection to the Patent and Copyright Committee.   A recommendation will then be made to the Dean of the School of Medicine who will approve or deny University sponsorship of patent protection and marketing activities.   In the event that the University does not approve sponsorship or 6 months has lapsed from the inventor's first disclosure, then the University will release ownership rights to the inventor should he wish to seek his own intellectual property protection for his proposed idea.

If a staff or faculty member wishes to author or co-author a textbook or other profitable copyrightable work that would be produced as part of their employment of the University, they should disclose such works to the Technology Transfer Office for review.   The author will then be asked to present their proposal to the Patent and Copyright Committee for review and recommendation.