FAQ Intellectual Property
Here you can find the most common questions regarding intellectual property rights (IPR) for students of Utrecht University and the UMC Utrecht, based on the guidelines from the Addendum to the Set of Guidelines Dealing with IPR and Students.
Employees of Utrecht University can visit the page From research to startup.
Point of contact at UU or UMCU
Your internship or thesis supervisor is usually your first point of contact for IPR questions about your specific research project.
The Research Support Office of your faculty can advise and guide you in starting an academic startup and other forms of knowledge application. Utrecht Holdings, the Knowledge Transfer Office of Utrecht University and UMC Utrecht, is in charge of protecting and commercializing knowledge generated by the institutions. Incubator UtrechtInc supports starting entrepreneurs and offers a programme especially for students. UtrechtInc Students is the student organisation for entrepreneurial students.
UtrechtCE can help you find the right liaison for your situation: entrepreneurship@uu.nl
Independent information
Are you looking for more information or independent advice? Or do you have a complaint about the way an IPR agreement was concluded (or waived)? You can contact the following:
- Dutch Students for Entrepreneurship offers personal, independent legal advice: dutchse.nl
- The Netherlands Enterprise Agency deals with patents: rvo.nl
- The Association for Intellectual Property: aippi.nl
- Intellectual property advice by students for students: clinic.nl
- Discover how to protect your idea (in Dutch): ideescan.online
- Read the IPR guideline (2016) and if necessary inform yourself further via auteursrechten.nl/en
What is your situation?
There are two possible situations:
You own the invention (or part of it).
You don’t own the invention if you signed an agreement in which you transfer your rights to it. For example, you’re expected to sign such an agreement when you take part in a research project at a university or university medical centre (UMC).
Patentable invention
If the invention in situation 1 can be patented:
a. You made the invention on your own. You own 100% of it.
b. If you made the invention together with other people, they may have to be designated co-inventors. If you fail to agree among yourselves on who is or isn’t an inventor, the patent agent who prepares the patent application is the ideal person to help you. However, this doesn’t come for free.
If the invention in situation 2 can be patented:
Although you don’t own the invention, you may have a right to part of the income generated by the owner of the patent. This is the case if the invention was made during an internship within a university/UMC. If you did your internship in the private sector, this usually doesn’t apply.
Non-patentable invention
If the invention in situation 1 can't be patented:
a. You made the invention on your own. You own 100% of it.
b. If you made the invention together with other people, they may have to be designated co-inventors. If you fail to agree among yourselves on who did or didn’t contribute to the idea, then hopefully you laid this down in a written agreement beforehand. If you didn’t, you may need to go to court.
If the invention in situation 2 can't be patented:
Although you don’t own the invention, you may have a right to part of the income generated by the owner of the invention. This may be the case if the invention was made during an internship within a university/UMC. Some universities/UMCs have included a specific clause in their knowledge valorisation regulations to clarify this. If you did your internship in the private sector, this usually doesn’t apply.
There are two possible situations:
- You own the invention (or part of it).
- You don’t own the invention, because you signed an agreement in which you transfer your rights to it. For example, you’re expected to sign such an agreement when you take part in a research project at a university or university medical centre (UMC).
In the first situation, you should look for suitable advice yourself. The most suitable party to advise you is a patent agent. However, this doesn’t come for free.
Other options are:
- Discover how to protect your idea (in Dutch): ideescan.online
- The Netherlands Enterprise Agency deals with patents: rvo.nl
- Dutch Students for Entrepreneurship offers personal, independent legal advice: dutchse.nl
- Intellectual property advice by students for students: clinic.nl
- Read the IPR guideline (2016) and if necessary inform yourself further via auteursrechten.nl/en
In the second situation, your university/UMC or your internship company will assume responsibility for applying for a patent. For Utrecht University and UMC Utrecht, the patent agent is Utrecht Holdings.
If you’ve made an invention that you own but want to leave the complicated and expensive business of applying for a patent to someone else, you can submit your invention to your university’s KTO, sometimes also called a TTO. The preferred way of doing this is to submit a non-confidential summary, but if this is impossible, you can opt for a non-disclosure agreement to protect the innovative character of your invention.
If the KTO/TTO is convinced of the patentability and marketability of your invention, it may offer to arrange the patent application for you. In exchange, you’ll give up the rights to your invention, but you’ll retain the right to the inventor’s share specified in your university/UMC’s knowledge valorisation regulations, as if you were an employee.
For Utrecht University and UMC Utrecht, the patent agent is Utrecht Holdings. The process of patent analysis and application is described in the (online) guide 'From Researcher to Academic Entrepreneur'.
You may have a personal interest in having the patent published in your name, so that you’ll gain public recognition. Alternatively, you may believe that your IPR will make you rich and therefore decide to maximise your profits, optionally in cooperation with a company. On the other hand, making a positive contribution to society may be more important to you, so that you can help build a better society and ultimately even a better world.
In the latter case, it’s good to know that universities/UMCs have a unique position in this regard. After all, universities/UMCs have a statutory core duty to pursue knowledge valorisation, in other words: to make an impact by sharing knowledge for the benefit of society. Transferring your IPR to your university/UMC makes them part of its academic mission.
In that case, the university/UMC’s main interest and ultimate objective becomes putting the knowledge you’ve contributed into practice in order to make an impact. This could still be achieved through a licence agreement with an existing company or a startup (spin-off), but the fastest way to apply your knowledge may be to use it for further academic research and teaching or to link your IPR to the university/UMC’s existing IPR to enable a suitable application.
If you believe this is a goal worth pursuing, you’re more than welcome to discuss the transfer of your IPR with your university/UMC’s KTO, sometimes also called a TTO.
Another reason you might want to transfer your IPR to your university/UMC voluntarily could be that you lack the necessary funds or experience to monetise your IPR yourself. In exchange for your IPR, you’ll share in any net revenue that the university/UMC generates from monetising the IPR.
The examples above are all based on the voluntary transfer of your IPR to the university/UMC. As made explicit in the infographic and the summary of the Addendum to the IPR guideline for students, there are some cases in which it’s compulsory to give up your IPR, for example when you want to do an internship within a university department’s research project or in the private sector. In such cases, (i) any IPR are generated as part of existing research not initiated by you; (ii) your IPR are often a part of a bigger whole; and (iii) marketing the IPR generated as part of the research is much more difficult if somebody else owns the IPR besides the university/UMC (or company). That’s why the university/UMC (or company) wants you to transfer your IER beforehand. If it concerns an academic project, however, you’ll have the right to an inventor’s share, as if you were an employee. This is not normally the case for company projects.
Now! You can’t do this soon enough, but if you think you have a good idea that can be put into practice, it’s essential.
Article 3 of the Addendum to the Set of Guidelines Dealing with IPR and Students goes into more detail about copyright on student's work (often also applicable to software). The Copyright Information Office explains the most important things you need to know about copyright on their website.