A Virtuous Cycle Model for Intellectual Creation
In order to fulfill the virtuous cycle mode for intellectual creation, “vitalization of research activities” comes first. For this, it is necessary to “improve and enhance the research environment.” Furthermore, to make it possible, we need “acquiring funds for joint and sponsored research” and “improve mutual trust between the company and University and enhance the reputation of the University.” The flow of this cycle is indicated by the inverse route of the arrows in the figure below. According to this concept, the University emphasizes on not only “authorization of intellectual properties and technology transfer,” but also “support creating inventions by improving research enviroment,” and we pursue “total optimization” to aim for “rapid conclusion of the research agreement” and “research initiation.”
Licensing of Jointly-Owned Patents and Bearing of Patent Application Fees
The University prefers not to discuss “royalty issues” concerning authorization and utilization of the invention created through collaborative research between the University and a company since such discussions tend to be not very fruitful for both parties. We have a few options that the company can choose from.
The company desires to onw the University-owned patent right by paying fee.
- Exclusive licensing
The company desires to pay to have, exclusive licensing or monopolistic, ordinary licensing of the university-owned patent right, or monopolistic licensing with a sublicensing right.
- Non-Exclusive licensing (part1)
When an invention is expected to contribute or has actually contributed to the operation of the company by non-exclusive licensing from the University, the company pays a royalty fee to the University. When the University gives a non-exclusive license to a third party, it must to get an agreement in advance from the company.
- Non-Exclusive licensing (part2)
When the company desires none of the above, the company and the University can execute the patent right without paying a royalty. In this case, the University can transfer or give away an ordinary license of the university-owned patent right without the consent of the relevant company to third parties or to venture companies that were founded with the involvement of the Uuniversity or its staff. This is regarded as execution by the University.
Concerning four types above, the company bears all the expenses incurred such as patent application fees for 1 to 3. And for 4, the company and the University bear the expenses according to its ownership ratio.