Office of Technology Commercialization

Policies & Guidelines

The primary policy affecting university technology commercialization is UTD's Intellectual Property Policy (Policy Memorandum 79-III.27-36) which is summarized below.  Links to other relevant UTD and UT System policies are also provided.

Summary of UTD Intellectual Property Policy

Scope

  • "Intellectual Property" includes any invention, discovery, trade secret, technology, scientific or technological development, or computer software, regardless of whether such property is subject to protection under the patent, trademark, or copyright laws except as excluded below.
  • The policy applies to:
    • UT Dallas employees
    • Those (including students) using UT Dallas faciliites under supervision of UTD employees
    • Candidates for masters and doctoral degrees as well as postdoctoral and predoctoral fellows
    • Intellectual property that has resulted from activities performed
      • On UTD time;
      • With support by State funds; and/or
      • Using UTD facilities
  • The policy does not apply to:
    • Faculty-authored scholarly works, art works, musical compositions and literary works related to the faculty member's professional field, unless commissioned by or produced as a work for hire by UTDallas.
    • Intellectual property produced by an employee of an outside firm under contract with UTD.
    • Intellectual property unrelated to an individual's employment responsibility that is developed on the individual's own time and without UT Dallas support or use of UTD facilities.

Process

  • Before intellectual property is disclosed either to the public or for commercial purposes, the creator shall submit an invention disclosure to the University.
  • The University will either assert rights of ownership to the property on behalf of the Board of Regents or release them to the creator(s) subject to certain terms and conditions.
  • Where the Board's rights are asserted, it is mandatory that persons covered by this policy assign all rights in such property to the Board.
  • Intellectual Property creators should have a major role in the determination of how it is to be made public; i.e., by publication, by development and commercialization after securing available protection, or both (unless research agreements provide otherwise).

Licensing and Distribution of Income

  • If a license is obtained, the costs of licensing and obtaining a patent or other protection shall be recaptured from any royalties prior to further distribution.
  • The remainder of royalty income shall be divided 50% to the inventor(s) and 50% to UT Dallas.
  • UT Dallas share of royalty income shall be allocated for research purposes.
  • With prior written permission of the President, future royalties payable to a faculty member may be assigned to UT Dallas by the faculty member and designated for use in research to be conducted by such a faculty member.

Equity Interests

  • UT Dallas may receive equity interests as partial or total compensation for intellectual property rights conveyed in business agreements.
  • Subject to executive reveiw and approval, UTD employees may hold an equity interest in business entities that have an agreement with the University relating to research, development, licensing, or other exploitation of intellectual property they create.
  • Income received by the University from equity held by the Board shall belong to the System, and may be used by UT Dallas for research purposes.
  • Income received by a UTD employee from equity held by the employee shall belong to the employee.

Business Participation

  • UTD employees shall not serve on governing board, or as officer or employee of a business entity that has an agreement with the University relating to intellectual property created by that employee without UTD review and approval.
  • When requested and authorized by the Board of Regents, an employee may serve on behalf of the Board on a governing board of a business entity that has an agreement with the UT System relating to research, development, licensing or exploitation of intellectual property.

University Policies

UTD Researchers and Inventors should be familiar with the following university policies:

 

UT System Policies

UTD Researchers and Inventors should also be familiar with UT System policies including the following:

 

Updated: December 1, 2008