All royalties and most fees resulting from the IP are shared between UPR and the individuals involved in its discovery. Ownership of the intellectual property is divided in the following manner: 33 1/3% of the IP is owned by the inventor(s), 56 2/3% of the IP is owned by the inventor’s UPR unit(s), 10% of the IP is owned by the UPR special fund and any remaining amount will be used to support additional research and academic programs.
Inventions developed through independent work
The inventions developed by UPR’s employees or students that result from research or work developed:
1) During free time (not work related)
2) Away from the work place in the University
3) Without the use of university funds, installations or other university resources
Shall be property of the individual employee or student and will not have to abide by the university’s policy unless the individual willingly yields the property to the university through an accord from both parties.
All such individuals that are interested in developing their own inventions independent of the university has the responsibility to present a declaration of their intent to the university before developing such inventions.
Inventions that result from activities or investigative work sponsored by third parties (such as government agencies, private companies, consultative agreements) is considered property of the university unless otherwise stated in third party agreements.
Occasionally, the facilities at the University of Puerto Rico are used in collaboration with outside parties for purposes of research and development. In such a case, the university will claim a proprietary interest according to its participation on any inventions developed.
Employees that engage in collaborative activities or investigation should summite the agreement proposal to the appropriate university representative. The agreement proposal should include detailed information that ensures protection of the university’s rights regarding any results that develop from such collaborations.
Obligation to disclose findings and inventions
All that develop findings and invention under the UPR policies, should disclose this information immeadiately to the person or entity that is responsible for administering the intellectual property at UPR under a time period of 30 calendar days. This requirement applies as soon as the person has motives to believe, based on the person’s own understanding or from others, that the findings or invention can be patented or commercialized. The information related to the findings or invention is to be disclose on the appropriate forms prepared by the Intellectual Property and Technology Transfer Office of UPR. Failure to abide by the expectations set forth by the university’s policy will result in an administrative sanction that can include exclusion the research and development project based on the severity of the consequences of not disclosing the information.
All information that is disclosed is considered confidential and will not be subject to disclosing to the general public.
The Intellectual Property and Technology Transfer Office (IPTTO) of the University of Puerto Rico at Mayagüez is responsible for making decisions that best serves the public and results in the effective development and transfer of the technology and are consistent with the university’s policy and procedures. It is the IPTTO’s intent to develop strategic collaborations with industry through licensing and establishing new ventures.