Intellectual property ownership
The U.S. Bayh-Dole Act of 1980 allows universities to own the rights to inventions and other intellectual property developed using federal funds. Most universities follow this act for all intellectual property created at the university, regardless of funding source. Technology transfer offices comply with the regulations of the Bayh-Dole Act and facilitate commercialization of university technologies to benefit society. The Bayh-Dole Act requires universities to share income received from commercialization activities with inventors/authors.
The ownership of intellectual property at Mizzou is governed by University of Missouri System Collected Rules and Regulations 100.020 and 100.030. In most cases, MU owns intellectual property developed using university resources.
For questions, please contact Technology Advancement at 573-882-6013 or techadvancement@missouri.edu.
Startup access to intellectual property
A startup company must have an agreement in place with the Technology Advancement before using intellectual property owned by the university. The type of activities that require an agreement include creating a company website, applying for SBIR or STTR funding, talking to customers and investors, etc.
There are different kinds of contracts, including allocation of rights, material transfer, option and license agreements. Please work with Technology Advancement Office to understand the purpose of each agreement, when they should be put in place, and the financial obligations of the startup.
After the startup secures funding and employees, newly developed intellectual property is evaluated to determine if it is owned by the startup, MU or by both. The ownership will determine if an additional agreement is needed.
For questions, please contact Technology Advancement at 573-882-6013 or techadvancement@missouri.edu.
Intellectual property strategy
A growing startup company will utilize many different forms of intellectual property and protect it in a variety of ways. Patents, copyrights, trademarks and trade secrets are the most common forms of protection. Each is governed by different laws, procedures and requirements for maintaining the protection.
It is important to have an intellectual property strategy that matches the startup’s goals for growth and fits the company budget. For example, in just a few years without careful planning, a technology with a single provisional patent application can turn into one with multiple applications in multiple countries and hundreds of thousands of dollars in present and future costs.
Please contact Technology Advancement at 573-882-6013 or techadvancement@missouri.edu for assistance in developing an intellectual property strategy.