Law and Policy

Founders of Lodos Theranostics.

The transfer of new technology from university laboratories to the private sector has a long history.  Most recently, the impetus resides in the 1980 enactment of P.L. 96-517, The Patent and Trademark Law Amendments Act, and amendments included in P.L. 98-620, enacted into law in 1984 (referred to as ‘Bayh-Dole’).

In the 30 years since Bayh-Dole, universities have developed a wide range of technology transfer infrastructures to enable the expeditious and wide dissemination of university-generated technology for the public good. Guided by its altruistic mission, OTC carries out the protection and licensing of Purdue University (Purdue) intellectual property (IP). The purpose of licensing Purdue IP rights and materials is to encourage the practical application of the results of Purdue research for broad public benefit, meet Purdue obligations to sponsors of research, stimulate commercial uptake and investment, spur economic development and ensure an appropriate return of taxpayer investments in Purdue research.

A Technology Disclosure Form is to be prepared and submitted by the inventor(s) to OTC, and is then completed in conjunction with OTC. It provides the basis for an assessment of patentability and market opportunity; protects IP; and, when fully completed, triggers the 6-month Innovation Assessment Process within OTC.

It is important to disclose an innovation as soon as possible so that the inventors, OTC and the necessary legal counsel can begin to develop a commercialization and licensing strategy.

Purdue Policy

Purdue policy I.A.1 describes the principles and administrative procedures related to ownership of inventions and written and recorded materials. It is useful to think of the policy as applying to ‘how’ an invention was created or developed, not ‘who’ developed it. Use of Purdue University resources subjects inventions to the policy regardless of the employment status of the inventor, creator or author. Purdue Research Foundation is the default designee for Purdue IP, and, when designated, owns and manages the IP on behalf of Purdue. In exchange for this assignment, Purdue retains all net proceeds, i.e., revenue generated from the licensing of inventions. Net proceeds are distributed in accordance with the general distribution shown in the above chart, after costs are recovered.

Sponsored research agreements can potentially alter the management of Purdue intellectual property.  Today, the largest sponsor of research at Purdue is the U.S. government. The federal regulations governing management of resulting IP permit Policy I.A.1 to be followed without amendment. Corporate and foundation sponsors of research often require Purdue to observe alternative IP management terms. These contracts are entered into by Sponsored Program Services (SPS) on behalf of Purdue. Neither Purdue Research Foundation nor the Office of Technology Commercialization enters into sponsored research agreements, but such agreements can be incidental to licensing of an existing invention.  

Outside activities and consulting agreements entered into by and between a Purdue inventor and a third party that involve conveyance of intellectual property rights may limit, hinder or prohibit performance by Purdue under a sponsored research agreement with a research sponsor or with Purdue Research Foundation under a license agreement with a licensee. It is important to have agreements reviewed and approved by Purdue.

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