Frequently Asked Questions (FAQs) about Intellectual Property

 

What is intellectual property?

The terms technology and intellectual property (IP) are often used interchangeably, it is the knowledge base regardless of the discipline that has some utility for society.

How do we protect intellectual property?

Depending upon the type of intellectual property it may be protected through patents, copyrights, trademarks, or trade secrets.

What is Technology Transfer?

It is the transfer of knowledge to the private sector to improve the quality of life in society. Existing knowledge has been transferred to students in the classroom and laboratory settings for centuries. Students upon graduation use this knowledge to create products and services while employed for businesses. Academic institutions also create new knowledge, the process to transfer this knowledge is different, and it is the transfer of this new knowledge to the private sector that is typically referred to as technology transfer.

Where can I find WKU’s intellectual property policy?

It can be accessed at the Office of Technology Transfer and Industry Relations website under IP policy.

How was the WKU IP Policy developed?

The WKU intellectual property policy was developed by a committee represented by faculty, the heads of departments, the Deans, and staff. This IP policy was then approved by the Faculty Senate, the Council of Academic Deans, the President’s Administrative Council, and ultimately approved by the Board of Reagents.

Who owns the IP?

The IP policy explains the ownership rights to various types of IP; some belong to faculty members and others to the University. However, based on federal law (Bayh-Dole Act) all federal sponsors give the entitlement of the new IP that results from a sponsored project to the University. It is then the responsibility of the University to facilitate the legal protection and transfer to the private sector for the public good. At WKU the University assigns the IP ownership to the WKU Research Foundation, and the Research Foundation manages the IP portfolio, legally protects it, and transfers it to the private sector.

What are my obligations to the University as it relates to IP?

The University is required to declare any new inventions that may results from federally sponsored projects to the sponsoring agency and the intent that the university plans to legally protect it; otherwise, the ownership of the IP is returned to the federal government. Thus, according to the WKU IP, policy all faculty members, visiting scholars, staff, and students are obligated to disclose the IP to the Office of Technology Transfer regardless of whether one thinks the invention is patentable or considers the commercial value may be questionable. The Office of Technology Transfer is responsible for making an assessment of the commercial viability of the idea and how it should be legally protected.

What is Bayh-Dole act?

It is a federal law co-authored by two senators, Birch Bayh of Indiana and Robert Dole of Kansas. The Bayh-Dole act entitles universities to the ownership rights to IP supported by tax dollars, and the university is required to transfer it to the private sector for commercialization. However, the government retains a non-exclusive license to practice the IP.

Can I give my work away?

The WKU IP committee is authorized to make such a decision on IP owned by WKU.