If you make a discovery while in residency doing research

[TOMFighter]

Is there any way to at least get some kind of rites on the idea/discovery - or does it all belong to the program/institution?

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[Sol Rosenberg]

There are no "rights" on a discovery. A discovery is a discovery. I assume that what you are really talking about is a [patentable] invention. The answer to your question totally depends upon the contract that you sign. That said, I would be very surprised if your contract didn't require you to assign any patents that you are awarded while working for that institution to the institution. You would still be listed as the inventor, but the institution owns the patent.

 

[Neuronix]

or does it all belong to the program/institution?

This. This was legislated by congress years ago if the project used any NIH resources. Even if not it's probably in your contract somewhere that any IP developed using any university resources belongs to the university.

You can get a cut of the profit if it's wildly successful. The inventors cut is typically on the order of 10-20%.

 

[FutureDoc4]

I've dealt with this quite a bit. When you sign your employment contact with a University, (which you are required to do). Any thing you "invent" and could potentially patent the university gets first dibs on (which is related to your job... for example a cancer treatment and your doctor (if you invent something to say related to air planes though the university has no rights to it because its not related to your job). However, there are ways to get around this.. especially if you want to pursue the idea and the university isnt that interested in it (they don't think itll make money and dont want to throw down the 10-30K to patent it). You really have to do a lot of research to what you have to do at a particular university.

But, most often, if you have a good idea, the university has rights to it.....but they may pass on ideas... and you are not really just left out in the cold... they will pay the patent costs and you still get a percetage of profits and what not.

 

[TOMFighter]

This. This was legislated by congress years ago if the project used any NIH resources. Even if not it's probably in your contract somewhere that any IP developed using any university resources belongs to the university.

You can get a cut of the profit if it's wildly successful. The inventors cut is typically on the order of 10-20%.

waaaaiitt..

then there is a cut!???

 

[Neuronix]

waaaaiitt..

then there is a cut!???

In every instance I've seen. I never realized that the cut amount varied so widely based on institution (i.e. more like 10-50%). Examples that turned up in a quick Google search:

http://www.hr.msu.edu/documents/facacadhandbooks/facultyhandbook/patents.htm
http://www.temple.edu/ovpr/ott/inventor_faqs.html#8
http://www.utmb.edu/techdev/policy_royal.asp
http://www.upenn.edu/almanac/issues/past/OR-patent.html#2

The cut is only after the program's expenses to patent and such are recouped, however.

 

[TOMFighter]

In every instance I've seen. I never realized that the cut amount varied so widely based on institution (i.e. more like 10-50%). Examples that turned up in a quick Google search:

http://www.hr.msu.edu/documents/facacadhandbooks/facultyhandbook/patents.htm
http://www.temple.edu/ovpr/ott/inventor_faqs.html#8
http://www.utmb.edu/techdev/policy_royal.asp
http://www.upenn.edu/almanac/issues/past/OR-patent.html#2

The cut is only after the program's expenses to patent and such are recouped, however.

Awesome!! Very cool to see this.

Who says research is a fiscal waste of time?

Looks like a lottery ticket to me. I know it takes about 10 years to bring to market something from point of discovery though.

 

[Mr hawkings]

waaaaiitt..

then there is a cut!???

Of course.
The guy that developed the HPV vaccine retired off his cut alone from Georgetown a few years ago.

 

[Captain Fantastic]

An attending and I developed some new technology. I did not have an IP clause in my contract, he did. The University wanted to pursue the patent. To make things easiest, I assigned my rights to the University. (They would have likely gotten the rights anyway since the development was related to my work.) The U paid for the patent attorney and they will be responsible to marketing the technology. If they license or sell it, we get 30% to split between us. The provisional was filed in 2008, the utility patent was submitted in 2009. Let the games begin!

 

[Circumflex]

At my institution, the inventor(s) get 30% of any money received from patented products. First, the university has to deem the product/technique patentable/profitable before they invest in the legal and patent application fees. Then, the long and tedious process of acquiring the patent begins. In the end, to make money from a patent, someone has to buy the patent or pay to use the patent from the university. You just hope that after 5-10 years of the process, the technology is still applicable to the point that someone is willing to pay to use it.

 

[Neuronix]

At my institution, the inventor(s) get 30% of any money received from patented products.

This is usually 30% of the profit after the up-front patenting costs. In other words, you don't start seeing any cut until the product has profited >$30,000 or even more.

 

[coup de chance]

NICE Hope everything works out for you

An attending and I developed some new technology. I did not have an IP clause in my contract, he did. The University wanted to pursue the patent. To make things easiest, I assigned my rights to the University. (They would have likely gotten the rights anyway since the development was related to my work.) The U paid for the patent attorney and they will be responsible to marketing the technology. If they license or sell it, we get 30% to split between us. The provisional was filed in 2008, the utility patent was submitted in 2009. Let the games begin!