College student’s guide to pursuing intellectual property

According to the World Intellectual Property Organization, IP refers to the following:

• Creations of the mind, such as inventions
• Literary and artistic works
• Designs
• Symbols, names and images used in commerce

Many students may not realize that their creations at UC could qualify as intellectual property. Even those who are aware often lack the knowledge, experience, time, funding or resources to protect their work.

In just the past five years, UC’s Office of Technology Transfer has received 77 invention disclosures from undergraduates. That number is a testament to the creative potential of UC’s student body – but it also highlights how much innovation remains unrecognized and unprotected.

UC’s Tech Transfer team, based at the 1819 Innovation Hub, is determined to generate more student IP. Current Bearcats can disclose their ideas to the team for evaluation, where they’ll receive expert review for novelty and patentability, along with clear guidance on how to best proceed.

Student IP that may be eligible for legal protection typically takes one of four forms: patents, trademarks, copyrights or trade secrets.

• Patents: Grant exclusive rights to make, use, sell or license specific inventions for 20 years
• Copyrights: Offer exclusive rights over artistic, musical or literary works for the author’s life plus 70 years
• Trademarks: Protect signs and marks that identify specific brands or products, remaining active if they’re still used in commerce
• Trade secrets: Safeguard confidential information from being licensed or sold as long as that information remains undisclosed

Since students are most likely to pursue patents, it’s worth noting the three key criteria for patent eligibility. First, the invention must involve patentable subject matter.

• Novel: Notably distinct from all existing products, processes or ideas currently known or publicly available on the market
• Nonobvious: A solution that isn’t an immediately apparent to everyday people
• Have utility: Useful for solving a problem or improving a current process

While patents require a formal application process, copyright protection is automatic from the moment a qualifying work is created and saved in a tangible form. This includes many types of student projects, such as original software, digital media, music and visual art.

Students with questions about which IP type to pursue or whether an invention is patentable can reach out to UC’s Tech Transfer team for guidance.

To see why college students with novel ideas should seek out IP protection, it’s helpful to think of what could happen if they don’t. According to Rucha Tadwalkar, life sciences licensing associate at UC’s Technology Transfer office, inventive students who don’t pursue IP could miss out on valuable opportunities and significant benefits.

“It’s important that students actually protect the work they create and have rights to its IP,” Tadwalkar says. “One day, they could start a company around that IP or there could be some interest where there’s a company willing to license that IP.”

“I wish there were more students who disclosed [inventions] to us, so we could at least release the rights to them,” Tadwalkar says. “There’s a clear documentation that’s set in stone stating that you own the IP.”

In short, protecting your ideas isn’t just smart – it opens opportunities. UC students with innovative projects should connect early to maximize the potential of their creations.

Students disclosing IP at the University of Cincinnati benefit from a straightforward process. Interested Bearcats with inventions should fill out an invention disclosure form. This document describes the invention, identifies its creators and asks if UC resources were significantly used. Completing this stage of the process may require speaking first with other inventors, funders of the work or your faculty adviser.

The Tech Transfer team will issue a release agreement for inventions developed independently and without considerable UC resources, providing written confirmation that the IP belongs to you. With this release in hand, students can freely work with outside patent counsel to pursue protection.

Otherwise, Tech Transfer remains involved and helps guide students with eligible IP seamlessly through the process, along with supporting your long-term vision. Whether you plan to launch a startup, license your patent or simply ensure that your innovation is protected, the Tech Transfer team will help you succeed.

Looking ahead, Tadwalkar hopes more Bearcats – both undergraduate and graduate – take advantage of the resources available to them.

“Tech Transfer is here as a resource for all students,” she says, “and it would be amazing to see more of what they’re doing. We’re here to advocate, we’re here to guide and we’re here to help.”

Featured image at top: Students at the University of Cincinnati can get help protecting their intellectual property. Photo/Andrew Higley