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Comment on Ask HN: Legal rights to University project?

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For those curious, the response from my department head (who I worked with to set up the independent study):

" This is a complicated question.

Effectively, the University owns everything (all IP) that we do while we are here, faculty, staff, and students alike. However, they have very limited capability to effectively copyright, patent, and market everything that is created. If you were to go through the process of doing this through the University, they would return a portion of any income that they acquire. In return, they cover the legal, patent, and marketing costs to get the product to market, or to find some company that would want to market it. Given the number of things that are created in a university, the process of selecting which items to pursue is long and involved.

My suggestion is that you proceed on your own. If you are hugely successful, then you would deal with the university at that time. "

So it seems like most people here are right on. If I can't easily get any more information, I'll probably just go for it. I was just trying to see where I stand so I don't get myself in a ridiculous situation later where I say "Why didn't I think of this earlier?".

> In return, they cover the legal, patent, and marketing costs to get the product to market, or to find some company that would want to market it. Given the number of things that are created in a university, the process of selecting which items to pursue is long and involved.

Translation: the university is where your IP goes to die. The professor in this article (sorry, couldn't find a complete one anywhere) http://www.highbeam.com/doc/1G1-13985948.html is a family friend, and his invention (violin bow made for <$10 in parts that beats >$1000 bows in blind tests) is 100% legit, but last I knew the University of South Florida was just sitting on it. He was still experimenting and building bows for himself and friends, but there was nothing he could do to actually get it to market.

My recommendation: do NOT do it under these circumstances. See, if they own a portion of the IP and you're successful, they'll probably come hunt you down in the future.

So steer clear of this situation because they are not giving you the necessary clarity you need at this stage. Develop it at home on your own computer without using any of the uni's resources and do something else for your project.

The project will probably still kick ass and you'll own the full IP of your company.

Frankly, that sounds like a bullshit policy, and certainly doesn't apply to all universities. Students are paying for access to the resources of the university and shouldn't be giving up IP. UMich has a much more reasonable policy here: http://www.techtransfer.umich.edu/resources/policies.php

........

The University will not generally claim ownership of Intellectual Property created by students. (A “student” is a person enrolled in University courses for credit except when that person is an Employee.) However, the University does claim ownership of Intellectual Property created by students in their capacity as Employees. Such students shall be considered to be Employees for the purposes of this Policy. Students and others may, if agreeable to the student and OTT, assign their Intellectual Property rights to the University in consideration for being treated as an Employee Inventor under this Policy.

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