Intellectual Property

Managing intellectual property rights (IPR) is one of the challenges facing academics and staff within universities today. IP forms the backbone of innovation, technology and commercial business and we must follow the rules to gain social and financial profit from IP. IP can be defined as:

1. Human creativity and inventiveness represented as a product or art form
2. Valuable items used within business that need protection to prevent copying by others
3. Items that can be traded for financial gain without infringing the Rights of others

What is intellectual property?

Intellectual property (IP) refers to creations of the mind, such as patents; inventions; copyright; trademarks; literary and artistic works; designs; and symbols, names and images used in commerce. IP covers the ownership and usage rights for results and outputs of research projects. IP on a project should be something agreed from the outset of the project in terms of background IP and any IP that will be created through the research being undertaken. This can consist of:

• Patents – A registered right; 20 years duration.
• Trade Marks – registered right; 10 years (renewable in perpetuity),
• Design Rights – registered right; has to be renewed on the 5th anniversary (max 25 years),
• Copyright – very large area: unregistered right in the U.K. arises automatically – generally; for 70 years dependent on the type of work (written, sound or film),
• Know-How – ‘everything else’; trade secrets, confidential information and accumulated skills and experience.

What is the University’s position on IP?

The University of Northampton’s IP policy sets out the rights of its staff, research and taught students in relation to their intellect and creative output. The University supports innovative research and enterprising and entrepreneurial projects that have wide- ranging and significant impact on the lives of local, national, and international communities and aims to encourage and facilitate the development and protection, where appropriate, of any IP created.

Whilst the University has a default position in terms of IP ownership, to understand this please read the IP policy to further understand ownership of IP.

Intellectual property support for University staff and students

RIFS (Research Innovation and Funding Support) has created a resource found on NILE (Northampton Integrated Learning Environment) to help you become familiar with the University’s IP policy and processes. This user-friendly guide should provide you with a good understanding of the diverse types of IP, in the form of decision diagrams, downloadable information sheets, guides, and much more. You are also able to download templates that are essential for IP related discussions, negotiations and collaborations with partners. These templates are included with guides to explain the different types of agreements and different types of IP. You can find the list of documents at the bottom of each page in “Downloads”.

It is important that you involve RIFS as early as possible so that we can offer you the most suitable advice and guidance. This will also ensure that the right documents are in place and the correct procedures are followed.

If you require a tailored agreement or cannot find a document that suits your needs, please contact us. We will be able to support you through this process providing expertise and guidance throughout.

What are patents?

Patents protect technical inventions, such as products or processes which are new and are not an obvious development of what has gone before. They protect against unauthorised use, production, import or other exploitation of an invention and are likely to be the most valuable intellectual property right in the context of commercialisation of university research.

To be eligible for registration as a patent at most patent offices an invention must be “new” i.e., must not have been disclosed to any-one before the patent is applied for except under confidentiality obligations. Even disclosure to a friend or colleague in passing will mean your invention is no longer “new” and will invalidate any patent application. Patents last for 20 years from the filing date, provided annual renewal fees are paid (and potentially for a longer period of time for specific types of patents).

If you believe you have an idea that may fall under patent protection you contact us as soon as possible.