The team of researchers intending to protect a patentable invention, a design, a "computer implemented invention", etc. must notify the University through the Technology Transfer Office, according to Article 65 of the Industrial Property Code (CPI) and the University of L'Aquila's Regulations on Intellectual Property
In the case of industrial inventions, such as patents for invention, utility models, designs, trademarks, the researcher who decides to protect
- can do so through the University by assigning the rights to the University (ordinary procedure).
- can do so in his own name, assuming all the costs and risks (simplified procedure).
- This procedure is compulsory in the case of research financed, in whole or in part, by private bodies or carried out in the context of specific research projects financed by public entities other than the university, body or administration to which the researcher belongs (art. 65, para. 5 of the CPI)
- The researcher may patent by assigning the patrimonial rights, while retaining the moral rights of the patent, by submitting a filing request, addressed to the Rector and drawn up using the appropriate form, which must contain among other things:
- a list of names of at least five experts in the subject matter of the request for registration, at least two of whom are not connected by employment or collaboration with Univaq or with other Universities or Research Institutions to which any proponents outside Univaq belong;
- any useful information for the evaluation of the potential degree of valorisation of the Intangible Asset;
- The request is examined by the Intellectual Property Commission which expresses its opinion within 90 days of submitting the request.
- The Board of Directors decides on the patent proposal and, based on the favourable opinion of the Intellectual Property Commission, authorises the relevant expense, charging it to the appropriate budget item.
- The following documents must be completed and submitted to start the procedure:
- Form for patenting/registration procedure (format.pdf, format.doc)
- Form for communication and proposal for patent assignment
- Currently in force is Legislative Decree no. 30 of 10 February 2005, Article 65 of which leaves researchers free to opt for the filing of a patent in their own name in the case of an invention obtained within their working relationship with the University, with their own research funds.
- The inventor may proceed independently with the filing of the patent application, assuming the costs and informing the University (with communication to the Rector).
- The University does not bear any costs; the researcher is obliged to communicate the filing of the patent application to the University through the Technology Transfer Office.
- The University is in any case entitled, pursuant to Article 7 of the University of L'Aquila's Intellectual Property Regulations, to participate in any income derived from the commercial exploitation of the patent. In the case of the University of L'Aquila, the percentage of participation is 30%, subject to notification of any exploitation.
Software and Databases
- The research team must notify the Technology Transfer Office of the creation of the output (software/database/application/app).
- In the case of software and databases, the patrimonial rights on the work are due to the University when the result derives from the performance of the researcher's own duties or on instructions given by the employer, in accordance with the provisions of the copyright law in force (art. 12 bis - Copyright Law L. 633/1941).
- In any case, the researcher has the inalienable moral right to be recognised as the inventor/author of the intangible asset created or in any case achieved.
Forms of assistance
Technology Transfer Office supports researchers with tutoring in the preparation of the documents required for evaluation by the Intellectual Property Commission and in the preparation of the patent application, which remains subject to the positive opinion of the Commission.
The ProMISE project, financed by MISE-UIBM, is active in the University and supports researchers in the patenting phase. To find out more about the services offered, please visit this page.