Our Process
Intellectual Property Protection Process
The timeline for the technology transfer process can vary. It takes the Technology Transfer team several months to evaluate various key aspects of the novel technology, including its application, prior art, the best method of protection, patentability, and path to market. Once our office initiates protection of the intellectual property by filing a patent application or registering a copyrightable work or trademark, we begin the process of advertising the technology for licensing. For patentable inventions, the average time for the patent to issue is 24 to 36 months; however, our marketing and licensing efforts occur concurrently.
01.
Research
Research is often funded through federal, state, or private grants. For more information please contact the Research Development department within the Office of Research.
02.
Discovery – Ah-ha Moment!
Congratulations, on the breakthrough you developed! Your research produced promising results, and you are ready to publish your findings and present the new technology publicly. Wait! Be sure to contact our office first, so we may assess and protect the underlying intellectual property to maximize the benefit for the university and our society
03.
Inventor/Creator Submits an Invention, Copyright, or Software Disclosure
Once you have made the discovery and/or created an innovative work, it is crucial to formally document the new intellectual property by submitting an Invention, Copyright, or Software Disclosure to our office. This creates a record of the invention/work and allows our team to review and assess the novel technology. The Disclosure should include a non-enabling abstract, which briefly describes in simple terms the invention or work, how it is applied, and its advantages over currently available technologies. This non-confidential abstract will be used by our team to generate a technology marking summary to attract interest from potential licensing partners.
04.
OTT Review & Evaluation
Once the Disclosure is received by our office, it is assigned a unique ID and uploaded into our database. The Licensing Associate who works with your unit will manage the invention or work through the rest of the protection and commercialization process. The Licensing Associate will schedule a time to meet with you to discuss the technology that you developed to construct a preliminary assessment of novelty, feasibility, potential applications, and market potential. Technology assessments are presented to our Technology Commercialization Committee, which makes a recommendation to the Technology Transfer Director on whether UCF should elect title and pursue intellectual property protection
05.
To Protect / Not to Protect
Each Disclosure is carefully reviewed and researched by a team of experts in scientific and industry disciplines. The recommendation to elect title and pursue intellectual property protection, or not to elect title, is based on many factors including, but not limited to: novelty, feasibility, potential market applications, limitations, risks, safety, prior public disclosure, competitive landscape, and prior art. If the Technology Transfer team does not recommend electing title, you may still have other options. The Licensing Associate can discuss these options with you. You will be notified within 90 days from receipt of Disclosure whether or not the University will elect title and pursue intellectual property protection.
06.
Intellectual Property Protection
There are three primary ways to protect intellectual property:
Patents
Patents protect inventions and discoveries, granting the inventor exclusive rights to make, use, and sell the invention for a limited period of time. There are several types of patents—utility, design, and plant—each covering specific categories of inventions.
Copyrights
Copyrights protect original works of authorship, including books, music, software, and other creative content. They grant the creator exclusive rights to reproduce, distribute, perform, and display the work. Copyright protection is automatic upon creation; however, registration provides additional legal benefits.
Trademarks
Trademarks protect names, symbols, logos, and slogans used to identify goods or services. They distinguish your brand in the marketplace. Registering a trademark with the U.S. Patent and Trademark Office (USPTO) provides legal protection and exclusive rights to use the mark.
Patent Process Overview
The majority of intellectual property disclosed to our office is protected through patents and generally follows this process:
- A provisional patent application is filed.
- Within 12 months, a non-provisional patent application must be filed.
- Approximately 18 months after the earliest filing date, the USPTO publishes the patent application.
- The USPTO examines the non-provisional application.
- If the examiner issues an Office Action rejecting the application, UCF—working with the inventor(s)—may respond with amended or new claims, arguments, or appeals as needed.
- If the examiner’s objections are overcome, the USPTO issues a Notice of Allowance and requests payment of the issue fee.
- Upon payment, the patent is formally issued to UCF.
On average, the patent prosecution process takes approximately 24 to 36 months.
The Commercialization Process
1. Intelligent Marketing
After filing a patent application, we begin searching for industry partners to license the invention. Our outreach team prepares a Tech Sheet, a marketing summary that highlights the invention’s advantages, background, potential applications, and the lead inventors. Meanwhile, market researchers collaborate with the licensing associate to identify potential industry partners who may be interested in licensing the technology. The Tech Sheet is then shared with these potential partners.
2. License Agreement
A license agreement grants the licensee (an industry partner or startup company) the right to use or commercialize UCF’s intellectual property. Our goal is to maximize the impact of university research by bringing it to the marketplace. In some cases, a license agreement may need to be amended as the product evolves, to meet development needs or milestones.
3. Commercialization
At this stage, your invention moves into the marketplace. The licensing associate closely monitors the progress of product development and sales to ensure milestones outlined in the license agreement are being met.
4. Revenue Generation
Once the technology is licensed, revenue is generated through license fees and royalties. Royalties are typically calculated using a standard royalty rate based on the net wholesale revenue generated by the technology.
5. Royalty Distribution
Royalty distribution follows UCF’s standard policy. The cumulative net income (gross royalties minus patenting, licensing, legal, and other related expenses) from inventions (excluding books) is distributed as follows:
| Recipient | $1-100K | $101K-$199K | >$200K |
|---|---|---|---|
| Inventor(s) | 50% | 40% | 30% |
| Dean of Inventor’s College | 20% | 24% | 28% |
| Inventor’s Department | 20% | 24% | 28% |
| UCF Research Foundation | 10% | 12% | 14% |
Note: The standard royalty split does not apply to colleges or departments with prior negotiated agreements.
6. Reinvesting in Research and Education
After deducting administrative costs related to intellectual property protection, the revenue is distributed among the inventor(s), their college and department, and the Office of Research and Commercialization. This reinvestment supports further advancements in research and education at UCF.