The University Policy on Patents and Copyrights (Section IV - 3 of the Faculty Handbook)includes information on the following:
- Assignment of Ownership Agreements
- Invention Disclosure
- Nondisclosure/Confidentiality Instructions and Agreements
- Release Pilot Program
- Provisional Patents
Assignment of Ownership Agreements
If the University claims an interest in the intellectual property, the creator has an obligation to assign his/her ownership rights over to the University for subsequent assignment by the University to the Old Dominion University Research Foundation that serves as the University's intellectual property management agency. See Copyright Management for more information.
The U.S. Copyright statute provides protection for original works of authorship (known as "copyrightable works") that are fixed in any tangible medium of expression, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
To this end, an Invention Disclosure Form must be completed. The same form can be used for copyrightable work. Submit completed forms to:
Reis Alsberry, Licensing Associate
Office of Research
4111 Monarch Way, Ste 203
Norfolk, Virginia 23529
Phone: (757) 683-3460
Fax: (757) 683-5902
The Invention Disclosure Form will be evaluated over a period of 30 to 60 days to determine whether the University plans to claim an interest in the creation. We realize that our faculty and graduate students are anxious for feedback. An estimated two to four weeks will be spent on reviewing prior art publications and patents. Another estimated two to four weeks will be spent on a market assessment to determine whether the creation is likely to result in a good return on the University's investment in time, effort and legal expenses. See Technology Evaluaion Work Sheet.
Please be mindful not to publish or otherwise disclose your creation to others without a Nondisclosure Agreement or other proper protection. A boilerplate Nondisclosure Agreement may be used. However, you must follow the Non-Disclosure Instructions that accompanies the following Boilerplate Nondisclosure Agreements:
Please note that disclosure includes research proposals, newspaper articles, journal articles, job interviews, theses, dissertations and presentations. The U.S. Patent and Trademark Office provides a one-year grace period from the time of the first disclosure to the time a patent application must be filed. However, most foreign countries do not afford such luxury. Therefore, please seek advice about your plans to disclose from the University Licensing Manager.
Provisional Patent Applications
Provisional Patents Applications provide a mechanism that can provide the University a relatively inexpensive mechanism to gain intellectual property protection for a period of one year. Filing this type of application allows the use of a one-year lead-time to market the technology to a company that can better afford to pay the expensive cost of patent prosecution. See Provisional Patent Information for detailed information.
A provisional application for patent is a U. S. national application for patent filed in the USPTO under 35 U.S.C. §111(b). It allows filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. It provides the means to establish an early effective filing date in a non-provisional patent application filed under 35 U.S.C. §111(a). It also allows the term "Patent Pending" to be applied.