Overview
Through technology transfer, discoveries made during the course of research or other programs at the University are licensed to industry for commercialization. A key step in the transfer of technology is the protection of potentially useful ideas as intellectual property. Protection of intellectual property, because it offers a period of time in which others can be excluded from practicing an invention, is generally required if a company is to have an incentive to develop an invention into a product (or series of products). This is especially important for inventions that require the commitment of significant resources before a product can be marketed and sold, such as a medical product.
Patents
OTL&IC will seek patent protection for inventions with commercial utility, even if the invention is early-stage and will require long-term development. Patent protection is normally sought on inventions in order to pursue commercial licensing and to comply with the terms of sponsored research agreements. To carry out patent prosecution, OTL&IC works with patent attorneys from numerous firms to draft and file patent applications covering the broadest possible claims for new inventions. OTL&IC emphasizes that investigators should contact the office to disclose an invention as soon as possible.
Once it is determined that an invention is patentable, OTL&IC, working with investigators, will identify commercial partners for developing the technology. OTL&IC negotiates a variety of agreements to effect technology transfer including exclusive and non-exclusive commercial licenses, options, material transfer agreements and sponsored research agreements. OTL&IC seeks to be creative in its approach to licensing in order to maximize the possibility of commercial success for Tufts technology.
With respect to the monetary costs and benefits associated with technology transfer, the University pays out-of-pocket costs incurred for the protection of intellectual property. Should a technology become commercially successful, the University distributes any licensing income received according to the University's standard income distribution policy, which includes shares back to the inventor(s), afilliated department(s) and school(s), and the University itself.
Start-Up Companies
In addition to the traditional licensing arrangements described above, OTL&IC also encourages enterpreneurial activity which may arise from basic research. For appropriate technologies, OTL&IC frequently helps faculty who wish to start companies which may arise from their basic research efforts. OTL&IC has been successful in helping to create such start-up companies in the past and is available to discuss the processes and issues involved with any interested faculty members.
Copyrights
A copyright is established at the time an expression is fixed in a tangible medium. No publication or registration or other action in the U.S. Copyright Office is required to secure copyright.
Except as set forth in the Tufts University Policy on Rights and Responsibilities with Respect to Intellectual Property, the creator of copyrightable intellectual property shall retain his/her rights, and the University shall not assert ownership rights. In cases where the University does own copyright, the following notice may be applied to indicate the copyright owner:
"Copyright © [Year] Tufts University."
Please note that the use of a copyright notice is no longer required under U.S. law, although it is often beneficial. The date in the notice should be the year in which the work is first published. No notice other than the foregoing is to be used for University-owned works. Further, for added copyright benefits, certain works should be registered with the United States Copyright Office using its official forms. Questions concerning notices and registration for University-owned copyrights should be brought to OTL&IC.
Trademarks
Through its various license and research agreements, the University protects the use of its name for any purpose without express permission. The University's policy on use of the Tufts name and insignias can be found here.
A trade or service mark may be used to protect those names and symbols associated with certain Tufts activities and events and with certain technology developments such as computer programs. Prior to registration for trademark protection, the designation "TM" after a trademark or "SM" after a service mark will give adequate notice of a claim of ownership. The designation "®" for a trademark may only be used after Federal registration. The use of trade and service marks to protect University owned technology or to designate Tufts as the origin of a product, event, activity, service, or the like, may be instituted only with the permission of the University. It is important to note that trademark protection carries with it certain obligations on the part of the holder of the mark. Therefore, requests for registration and licensing of trade or service marks connected with the University must be referred to OTL&IC.
