Identification, management and commercialisation of University-owned R&I intellectual property procedure

Intent

This procedure describes the University’s approach to the identification, management and commercialisation (exploitation) of R&I intellectual property where these processes are not pre-defined by agreements with other parties, and where the University has clear title to the ownership of the R&I intellectual property.

It contains the mechanisms which are relevant for commercialisation of intellectual property created by staff or students at RMIT, the role of the University and its commercial companies and the basis for the distribution of any income arising from commercialisation. And provides the means by which decisions concerning the ownership and development of intellectual property may be reviewed and endorsed through the operation of the Intellectual Property Committee.

Scope

The procedure relates to all R&I intellectual property in which RMIT University has an interest, including, but not limited to, R&I intellectual property created by University staff and students within and external to the University.

Exclusions

Procedures for identification, management commercialisation pathway and exploitation of R&I intellectual property arising from the University’s industry-funded research and its participation in initiatives such as Cooperative Research Centres are normally governed by the governing agreements and contracts established prior to the commencement of these projects or the University’s participation in such enterprises

Education and training intellectual property is covered by other procedures under this policy.

Procedure steps and actions

Procedure

Responsibility

Identify new R&I intellectual property in which the University could have an interest

Academic staff
RMIT business development managers
Other members of the University community

Identify any pre-existing or background R&I intellectual property and intellectual capital that supports the new R&I intellectual property

Academic staff
RMIT business development managers
Other members of the University community

Disclose R&I intellectual property in which the University could have an interest (including identification of applicable background intellectual property) to the Intellectual Property / Ideas Evaluation Panel

Academic staff
RMIT business development managers

Establish that the University has clear title to the ownership of all the R&I intellectual property

RMIT business development managers
Intellectual Property / Ideas Evaluation Panel

Initial evaluation of the R&I intellectual property, and recommendation for approval to Intellectual Property Committee

Intellectual Property / Ideas Evaluation Panel

Approval of the Intellectual Property / Ideas Evaluation Panel, viz.

  • Further investigation or other activities as necessary to develop the R&I intellectual property to a stage where an evaluation can be made
  • That the University should relinquish its interests in the R&I intellectual property
  • Strategies for further development, protection or exploitation of the R&I intellectual property should be prepared and implemented

Intellectual Property Committee

Advise creators of the R&I intellectual property and appropriate RMIT business development managers of decisions of the Intellectual Property Committee

Pro Vice Chancellor (R&I) Within one week of decision by Intellectual Property Committee

Record the R&I intellectual property and decisions of the Intellectual Property Committee in the Register of R&I Intellectual Property

Research and Innovation Portfolio)

Does the University retain an interest in the R&I intellectual property?

If YES

If NO, then no further action by University. Staff advised that University will not proceed with commercialisation.

Agree strategy and allocate costs for further development, protection or exploitation of the R&I intellectual property

Intellectual Property / Ideas Evaluation Panel
Legal Services Group
RMIT business development managers
Creators of the R&I intellectual property

Commence protection process

Intellectual Property / Ideas Evaluation Panel
Legal Services Group

Prepare commercialisation proposal and business plan in accordance with guidelines and template

RMIT business development managers
Creators of the R&I intellectual property
Business Advisory Network (provides advice and support regarding the processes, procedures and pitfalls of various commercialisation strategies)

Validate commercialisation proposals and business plans and present evaluations and recommendations to the Intellectual Property / Ideas Evaluation Panel. This must occur within four to six weeks after presentation of commercialisation proposals and business plans

Business Advisory Network

Recommendations and commercialisation strategy endorsed by the Intellectual Property / Ideas Evaluation Panel presented to the Intellectual Property Committee for evaluation and endorsement (as appropriate)

Intellectual Property / Ideas Evaluation Panel

Intellectual Property Committee

Present recommendations from the Intellectual Property Committee to the Vice-Chancellor or the Vice Chancellor’s Executive for endorsement and approval as delegated, or to the University Council for approval

Essential steps in the approval process for proposals to commercialise R&I intellectual property include:

  • A recommendation to the Vice-Chancellor, through the Pro Vice-Chancellor (Research & Innovation), following endorsement of the proposal by the Intellectual Property Committee and the Planning and Finance Committee
  • Presentation of the complete proposal to the University Council for approval

Pro Vice Chancellor (R&I)
Vice Chancellor’s Executive
University Council

Confirm Vice Chancellor’s Executive or Council decision to creators of R&I intellectual property

Pro Vice-Chancellor (R&I) One week after decision

Implement commercialisation strategy

Intellectual Property / Ideas Evaluation Panel
Business Advisory Network
RMIT business development managers with creators of the R&I intellectual property

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