• Section 1 - Purpose
• Scope
• Section 2 - Policy
• Section 3 - Procedures
• Section 4 - Guidelines
• Section 5 - Definitions

Section 1 - Purpose

(1) This Procedure outlines how University Members can request that University IP invented or created by them can be assigned to them. It also sets out the criteria used to assess such requests.

Scope

(2) This Procedure applies to University Members that have previously submitted an Innovation Notification to Macquarie Commercialisation.

(3) This Procedure also applies to the activities of staff in Macquarie Commercialisation.

Section 2 - Policy

(4) Refer to the Intellectual Property Policy.

Section 3 - Procedures

(5) Assignment of the IP by the University to the University Member(s) who created/ invented the IP will be subject to the University Member(s) agreeing to one or more of the following conditions:

1. reimburse University expenses (i.e., patent expenses, related internal grant funding etc);
2. share a percentage of any Net Commercialisation Income with the University (reflecting the University’s initial ownership and contributions to the IP creation);
3. cover all on-going costs;
4. provide a written plan for use of the IP;
5. grant the University the right to use the IP for research and teaching purposes; and/or
6. acknowledgement of the University’s contribution in the development of the IP.

(6) The University may agree (at its sole discretion) to assign the IP if one or more of the following criteria is met:

1. the University is not legally or contractually obligated to retain title to the IP;
2. the University has advised the University Member(s) that it does not wish to pursue exploitation (commercial or otherwise) of the IP;
3. release of the IP aligns with and supports the best interests of the University;
4. where its release supports strategic alignment, for example, when the IP does not fall within areas of activity defined in the Research Framework; and/or
5. all University Members who created/ invented the IP agree to:
   1. the request for assignment; and
   2. the individual(s) that the IP will be assigned to.

(7) A University Member must submit a written request to Macquarie Commercialisation, including the relevant documentation and justification based on the criteria above.

(8) Macquarie Commercialisation will:

1. assess the request;
2. provide a recommendation to the Intellectual Property and Commercialisation Advisory Committee (IPCAC) and consult with the relevant Faculty;
3. approve or reject the request (taking into account IPCAC and Faculty feedback), and provide written feedback including reasons for the decision and any conditions of approval; and
4. if approved, draft an appropriate agreement for execution by the University Member(s) and the University.

Section 4 - Guidelines

(9) Nil.

Section 5 - Definitions

(10) The following definitions apply for the purpose of this Procedure:

1. University Member means a University Employee, Student, Associate or Visitor.