Three Things Student Innovators Should Know About IP

It’s important for budding student innovators, creators, and inventors to understand how to manage intellectual property (IP) specifically as it relates to an educational setting. This is especially relevant today, as we see a growing number of educational programs encouraging entrepreneurship and invention, as well as business plan competitions, industry-sponsored capstone projects, maker spaces, design-thinking workshops, and other curricular and co-curricular activities. In this article, we’ll cover the top three things students should know about intellectual property rights in education, and how to manage the sharing and protection of your ideas.

#1 How (and why) to research your school’s IP policy

Colleges and universities are incubators for intellectual property. Whether you realize it or not, most universities have IP policies that govern the ownership, sharing of profits, and third-party IP rights. If you’re engaged in any type of student program as described above, it’s worth taking a look at your institution’s IP policy. If you can’t readily access a policy on the school website, you should ask your faculty supervisor.

Any work you create based purely on the knowledge you acquire through lectures is your intellectual property. If you work on research or publications with academic staff, you may want to ask exactly who will own the IP rights to the finished product. Sometimes, colleges and universities require students to assign their IP rights to work created substantially within the school’s facilities – however students may be able to share in the benefits in the event of successful commercialization.

Students who conduct sponsored research, on the other hand, are often required to transfer ownership of any IP rights to the sponsor. Sponsored research is typically governed by a contract between the sponsor and the university. Students have a right to be informed of the terms of this sort of research.

#2 How to manage public disclosure rules and IP confidentiality

Most forms of intellectual property law, particularly patents, require that the protected work be original. This means any information that’s made available to the public prematurely can negatively impact the value of the IP.

In a nutshell, a student who discloses information about an invention (or research) before the IP is legally protected could prevent that knowledge from being patented. If there’s an interest in potentially applying for a patent, everyone who has any information about the key features of an invention or idea may want to sign a collaboration agreement that outlines the parties’ respective IP rights – otherwise, the value of the information may be diluted (if not entirely destroyed). Many colleges and universities make their collaboration agreements publicly available to provide a transparent framework for divvying up IP rights.

Fortunately, if an accidental disclosure occurs, there’s a short grace period. As long as a patent application is filed within 12 months of the disclosure, the IP may still be protected.

#3 The fundamentals of patent, copyright, and trademark law

Finally, all student innovators, creators, and inventors should have an understanding of exactly what constitutes protectable IP. Here are some fundamentals:

Patents are exclusive rights granted for an invention, which could be a new product, process, or technical solution to a problem. Once an inventor is granted a patent, they have the exclusive right to make, use, and sell the innovation for 20 years after the application filing date.

Copyrights pertain to the rights a creator has for creative work. Some of the types of creative works covered by copyright are books, music, art, films, computer programs, databases, ads, and technical drawings. While it may be wise to register a copyright, creative works are automatically protected as soon as they are “fixed in a tangible medium.”

Trademarks are distinctive marks that communicate an individual or business’s offerings. Drawings, symbols, phrases, numbers, and words can be trademarked.