Intellectual property (IP): IP is a type of intangible property involving the products of original human thought. Scientific outcomes of research, inventions, computer software, company logos, and music are all considered intellectual property. IP is broken down into various categories – copyrights, patents, and trademarks. DePaul's Discovery and Copyright Policies can be found here. 

Copyrights: Copyrights protect original artistic works. These include literary works, musical works, dramatic works, choreographic works, visual or sculptural artwork, motion pictures, sound recordings, and architectural works. Copyrights are not legally required, but are encouraged to protect against copyright infringement – when a person reproduces, makes a derivative work, distributes, publicly performs or publicly displays all or a substantial portion of a work without the author’s permission. DePaul's policies outline ownership of copyrightable materials authored by DePaul faculty and staff. Faculty generally maintain copyrights to anything they create, whereas staff work is generally owned by the university as work for hire. 

Patents: A patent gives an inventor the right to exclude others from making, using, or selling an invention. The right to make, use, or offer an invention for sale is not granted with a patent, but rather the right to stop others from doing so. Utility patents are for any new and useful process, machine, article of manufacture, or composition of matter. Design patents are for any new, original, and ornamental design for and article of manufacture. Plant patents are for any distinct and new variety of plant. At DePaul, faculty inventions are generally owned by the faculty member and staff inventions are generally owned by the university, however, the university and employees may enter into contracts that specify a different ownership structure. Inventions made subject to a grant will be owned as specified in the grant agreement. 

Trademarks: Trademarks are recognizable signs, phrases, or symbols used on goods and services that legally differentiates these goods and services from others of their kind. Trademarks are not legally required, but are encouraged to protect against trademark infringement – commercial use of another’s mark that is likely to confuse actual or potential customers of the trademark owner’s goods and services. 

Obtaining a copyright: To obtain a copyright, you must submit an application at the U.S. Copyright Office website. A requisite fee is also required. 

Obtaining a patent: First you must conduct a thorough preliminary review of existing patents and other publications to determine if an invention similar to yours has been shown in prior art. Working with a patent attorney during this step, and the entire process, is highly recommended. You can learn more about searching for patents and conduct the search at the United States Patent and Trademark Office (USPTO) website. You must also submit your application on the USPTO website. Your application will need to include the name(s) of the inventor(s), one or more specific claims, a written abstract, detailed drawings, and everything necessary to recreate the invention. The USPTO website will be your best resource in obtaining detailed information on this process for the different types of patents. 

Obtaining a trademark: To register for a trademark, you must submit an application through the United States Patent and Trademark Office website. In the application, you must include identification of class(es) of goods/services and specimens showing the mark in use. A fee ranging from $250-$350 depending on class is also required. 

Grant recipients are required to adhere to the Bayh-Doyle Act, which details the reporting requirements for all inventions resulting from federally funded research. Under this Act, inventors may retain invention rights as long as they comply with certain conditions and procedures. Reporting requirements can be met through an interagency online reporting system called iEdison. 

In addition to federal reporting requirements, all DePaul employees who create patentable inventions using federal government funding must disclose those inventions to the Faculty Council Research Committee per our Discovery and Copyright Policy. 

The first step in technology transfer is often to protect new innovations through patents and copyrights, and then license them to third parties. Through licensing, the inventor grants rights to use their invention, while still retaining ownership. Generally the inventor receives royalties for granting the right to use their invention.

Technology transfer and licensing are useful for those who have an intellectual property patent or copyright, but do not possess the experience or desire to be involved in the technology development, manufacturing, or market expansion needed to turn their intellectual property into new products or services that benefit society.

Learn more about licensing here. 

DePaul Office of the General Counsel (OGC)

DePaul Discovery and Copyright Policy

DePaul Center for Intellectual Property Law & Information Technology (CIPLIT)

United States Patent and Trademark Office

United States Copyright Office

Federal Invention Reporting - iEdison