Intellectual Property Process Overview:
The key events involved in the development, protection and commercialization of an invention are laid out in the list below. The list depicts the order in which these events typically occur; however, some events may take place simultaneously or in a different order, depending on the needs of the inventors and the university.
1. NDSU researcher(s) pursues an academic or sponsored research question. Prior to the actual creation of an invention or in the early stages of reducing the invention to practice, a researcher may require the assistance of the NDSU Office of Industry Engagement and Intellectual Property in preserving intellectual property (IP) rights and, helping maintain the confidentiality of the research in its proposal and development stages.
2. Researcher makes a novel discovery and reports the invention by submitting an Invention Reporting form to the Office of Industry Engagement and Intellectual Property. For software, there is a Software Reporting form, while plant breeders should use the Plant Variety Report form or Horticultural Variety Reporting form. All reporting forms are to be submitted to the NDSU Office of Industry Engagement and Intellectual Property.
3. The Office of Industry Engagement and Intellectual Property initially evaluates the reported invention for commercial potential, as well as patent, copyright, trademark, or plant variety protection. This process often involves in depth discussions with the inventor.
4. Inventor(s) assigns the invention to NDSU. NDSU then assigns the invention to the NDSU Research Foundation (NDSURF) in order to pursue protection and commercialization of the invention.
5. NDSURF may file for patent or other intellectual property protection, initially paying all the associated attorney fees and costs of protecting the invention. Proper protection includes geographic considerations, inventorship and clear delineation of claims from any “prior art” and literature.
6. NDSURF continues to explore the commercial marketplace, and assesses commercial value, marketability, intellectual property protection, and the potential for further development.
7. NDSURF takes the final step in the process, initiating one of four options:
a. Licenses invention to an outside commercial entity.
b. Requests that inventor complete additional research before pursuing further commercialization activities.
c. Licenses the invention to a faculty member’s start-up company.
d. Releases or returns the invention to the government or inventor according to NDSU policy and any applicable contractual or governmental obligations.
Faculty, Staff, & Students:
NDSU faculty, staff, and students, consistent with NDSU Policy 190, who make an invention at NDSU shall report such inventions to the NDSU Office of Industry Engagement and Intellectual Property. Upon completion of evaluation, the invention may be assigned by NDSU to the Research Foundation for protection, marketing, and licensing of the invention.
Please read NDSU’s policy manual on section 190 on intellectual property.
Technology Transfer Process Overview:
Reporting Forms and additional information can be found here.