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Intellectual Property procedure

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Section 1 - Preamble

(1) This Procedure is effective from 2 October 2017.

(2) This Procedure includes the following schedules:

  1. Schedule A: Instruction for Completing Laboratory Books
  2. Schedule B: Deakin University Invention Disclosure Form
  3. Schedule C: Intellectual Property Evaluation Process.
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Section 2 - Purpose

(3) This Procedure documents how to comply with:

  1. Intellectual Property (Staff) policy
  2. Intellectual Property (Students) policy.
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Section 3 - Scope

(4) This Procedure applies to all staff, students and honorary staff of the University.

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Section 4 - Policy

(5) This Procedure is pursuant to the:

  1. Intellectual Property (Staff) policy
  2. Intellectual Property (Students) policy.
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Section 5 - Procedure

Recording and disclosing potentially patentable Intellectual Property

(6) Research staff and students who may create patentable inventions must maintain a laboratory book (Schedule A). Laboratory books are available on request from Deakin Research Commercial.

(7) As soon as a potentially patentable invention is identified, research staff and students must complete a Deakin University Invention Disclosure Form (Schedule B) and submit it to Deakin Research Commercial. Deakin Research Commercial will assist research staff and students completing this form and acknowledge receipt when the signed copy is submitted.

Evaluating commercial value of Intellectual Property

(8) Commercialisation of all Intellectual Property created within Deakin University by staff and students is managed by Deakin Research Commercial.

(9) Intellectual Property identified as per the Deakin University Invention Disclosure Form, will be evaluated by Deakin Research Commercial to ascertain the commercial potential of the invention and the appropriate action (Schedule C).

(10) Commercialisation of non-patentable forms of Intellectual Property, such as trademarks and know-how do not require the completion of an Invention Disclosure form. However, they are also managed by Deakin Research Commercial and covered by the respective Intellectual Property (Staff) policy and Intellectual Property (Students) policy.

(11) Deakin Research Commercial Managers are responsible for working with research staff and students to prepare information for this evaluation process and for communicating with research staff and students at each stage of the process.

Decisions regarding Intellectual Property

(12) The Deputy Vice-Chancellor Research (as the Intellectual Property Officer) will make decisions regarding the management, prosecution and commercialisation of University Intellectual Property taking into consideration the advice of the research team, Deakin Research Commercial and where appropriate, external expert advisers. These decisions will be communicated to the research team in a reasonable timeframe.

Support provided by the University

(13) Deakin Research Commercial provides support to research staff, students and student supervisors regarding managing, prosecuting and commercialising University Intellectual Property. Deakin Research Commercial has access to a wide range of expert support services including patent attorneys, legal advisers and commercialisation consultants.

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Section 6 - Definitions

(14) For the purpose of this Procedure:

  1. Deakin Originators:
    1. Under the Patents Act 1990 (Cth), Deakin staff or students entitled to be named on the Patent as inventors, are considered Deakin Originators in the case of patentable inventions.
    2. For non-patentable Intellectual Property, Deakin staff and students who possess unique and irreplaceable know-how are considered as Deakin Originators.