Frequently Asked Questions

Additionally, CVIP also administers the Material Transfer Agreements (MTAs), Non-disclosure Agreement (NDAs) and any intellectual property related agreements and terms for sponsored research work. 

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Where can you find the Intellectual Property policy for each UMASS campus?

The Intellectual Property Policy (pdf) outlines the University’s policies and procedures regarding the research and ownership rights at UMass Lowell.

For more information visit the IP Policies website.

What is intellectual property?

Intellectual property includes patentable inventions, copyrights and tangible research materials invented, created or discovered by UMass investigators.

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The Disclosure Process

The preferred time for UMass investigators to disclose intellectual property is before publication. With respect to inventions, you may disclose as soon as the invention is conceptualized, rather than waiting until the invention is reduced to practice.  You can download the disclosure form from the CVIP website and submit it to CVIP.  
 

Publication and Other Patent Bars

The right to file for patent protection in the United States is lost if the application is not submitted within one year from:

• the first public use of the invention
• the first sale or offer for public sale
• the first sale or offer for public sale

The right to file for patent protection in most foreign countries is lost if any of the acts listed above occurs before filing a patent application. 

Evaluation Process

When CVIP receives a disclosure form, a case manager is assigned to process the disclosure.  Once the disclosure form is fully completed, the case manager will interview the investigator to gain an understanding of the disclosed intellectual property.  CVIP is responsible for evaluating the commercial value of the intellectual property by conducting market and prior art assessments.  The case manager will discuss the technology and the potential market with other case managers.  Through this process, CVIP determines whether it is in the interest of UMass to file for patent protection. 

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What is a Patent?

A U.S. patent gives the holder the right to exclude others from making, using, selling or offering to sell an invention within the United States for a certain period of time. Unlike copyrights, which exist from the moment the work is created, no patent exists until it is issued by the United States Patent and Trademark Office.

What Does it Cost to File for and Obtain a Patent?

Filing a U.S. patent application may cost between $10,000 and $20,000.  To obtain an issued patent may require an additional similar amount for patent prosecution.  Filing and obtaining issued patents in a foreign country may cost $20,000 or more for each country.  Once a patent issues, periodic maintenance fees are required to keep the patent current. 

How Much Time Before a Patent Issues?

On average, a U.S. patent application is pending for three years before it issues, though inventions in the biotech and computer fields take longer.  

What is a Provisional Patent Application?

United States provisional patent applications can provide a method for preserving patent rights while temporarily postponing some costs.  This is because a provisional application is not examined during the first year in which it is pending.  However, a regular (utility) patent application and related foreign applications must be filed within one year of the provisional filing date in order to receive the benefit of the provisional application’s filing date. 

Materials Transfer Agreements

CVIP understands the importance of Materials Transfer Agreements (MTAs) to the University's research programs and the need to process them efficiently.  Every exchange of tangible research materials with UMass must be covered by an MTA.   Consult with CVIP for appropriate forms and approvals for sending materials to others or for receiving materials from others.  This includes sending or receiving materials when individuals join UMass from other institutions and when individuals leave UMass and wish to take materials with them.

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Confidentiality Agreements

Public disclosure of an invention prior to filing for a patent application will preclude the availability of patent protection in most countries.  Disclosures made under an appropriate Confidentiality (or Nondisclosure) Agreement are not considered a public disclosure.

Investigators are strongly advised to consult with CVIP regarding the nature and timing of presentations, posters, and discussions outside UMass that might include intellectual property. 

Only CVIP representatives are authorized to approve and sign Confidentiality Agreements for receipt of confidential information from outside researchers or organizations on behalf of UMass. 

What is a Copyright?

A copyright is the grant of protection under the laws of the United States to authors of original works that are fixed in a tangible form of expression.  Examples include literary, dramatic, musical, artistic, architectural works. Software may be copyrighted, but may also, in limited circumstances, be patentable.

A copyright owner has the exclusive right to authorize others to reproduce the work; create derivative works; distribute copies of the work; perform the copyrighted work publicly, display the work publicly, and if it is a sound recording, perform the work publicly.

How do you File for Copyright Protection?

Copyright protection automatically exists from the moment of creation, and a work is created when it is fixed in a tangible form. Therefore, no publication or registration or other action by the Copyright Office is required to secure a copyright.  However, copyright registration is required before a copyright infringement suit may be filed. 

CVIP Faculty Guide (pdf)

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