Academics can create patentable innovations or discoveries through study and instruction. Haridwar University is devoted on research and using innovations. The University aims to benefit the public, and preserve the rights of its academics, staff, and students, and follow requirements for sponsored programmes.
Individuals who made inventions or discoveries while working for the University, regardless of location or salary source, including those employed at affiliated institutions, are eligible.
Haridwar University owns any inventions and discoveries to which this policy applies by the Inventors responsible for ownership of their inventions or discoveries.
If the University has a project agreement with a government agency or commercial entity, patents and licences will be handled according to the conditions of the agreement. Haridwar University's Patent and Invention Policy prohibits individuals from assigning, licencing, or transferring rights to inventions and discoveries to third parties. Only the University may do so. Members of the Haridwar University community, when entering into agreements with parties outside the University, it has to be approved by the authority. Inventors must notify to the director, as well as the Innovation council, of any patents or inventions resulting from external consultancy arrangements. If there is a disagreement between the Inventors and the University regarding ownership or the University's retention of rights, the Vice President for Research (IIC) or a designate will review the case in consultation with the Research council and make a suggestion to the Provost, supported by logic, for resolving the issue. Appeals to the authority must be lodged within thirty 30 days. Obtaining a patent and releasing intellectual property rights. After the Inventor discloses an invention or discovery to the University, the University makes reasonable steps to assess its economic potential and patentability.
We aim to negotiate appropriate contractual arrangements for commercial use. If the University believes there is a valid reason to proceed, it will apply for a patent at no cost to the inventor. Inventors are expected to cooperate and sign necessary forms to get patent protection and for patents gained. If the Inventor consults with another patent counsel, they must shoulder all expenses, although the University is ultimately responsible for prosecution. If the University does not plan to file a patent application, it will tell the inventors within 60 days after receiving a detailed description of the invention. If the University decides not to file or abandon a patent application, it may release its rights in the invention or discovery to the Inventor upon request if it benefits technology transfer to the public, aligns with its obligations to third parties, and does not involve a conflict of interest. The Inventors may then choose to obtain a patent or continue prosecution at their own expense. If the University provides a release after commencing the application process, the Inventors undertake to compensate the University for any costs expended in obtaining, maintaining, or selling the invention prior to its release.
The University owns Tangible Research Property (TRP) developed by inventors during research, with the exception of computer software, which is determined on a case-by-case basis. TRP might be supplied to academic institutions or enterprises for non-commercial research reasons. TRP can also be commercialised through licence agreements, even if they are not patentable. TRP commercial licence money is allocated as outlined in the section labelled "Proceeds from Inventions and Discoveries."
If there are many Inventors, the royalty share shall be split fairly. Their departments and schools/centers shall likewise distribute the necessary percentage fairly.
The allocation mechanism recognises all monetary contributions, including royalties and licencing fees. The University will pay a percentage of the proceeds from licencing inventions and discoveries to the inventor, their department, and their school or centre, after legal costs are recouped and certain expenses are deducted. The research council will oversee the distribution of funds in consultation with the Inventor. An annual accounting will be provided to the Inventor and their department, or centre.
A 30% deduction will be made from gross licence revenue each year to cover Haridwar University's operating expenses, with funds exceeding the annual Haridwar University budget going into a quasi-endowment designated for Haridwar University operations, entrepreneurial activities, and research operations as determined by the research council. The net income is then calculated and divided as follows.
To reduce administrative costs, if net income is less than Rs 1,00,000 in a given year, no distribution will be made to schools, departments, or centers. Instead, such net income will be tracked until either
If there is more than one Inventor, the appropriate income shall be distributed fairly among them from inventor percentage. At the time of revelation. The University will assess the proposed distribution plan based on the department, school, and centre affiliations and salary support sources disclosed throughout the invention disclosure process. Income shall be distributed equally among all inventors (unless specified on the disclosure form) and, if required, among departments and schools.
Distributions to departments and schools for student inventors will be based on source at the time of declaration. If numerous disclosures are utilised to generate a single patent or license, the money is distributed equally unless otherwise agreed upon by all parties involved and, if required, submit a distribution plan for approval by the research council. Distributions to Central Administration are invested in endowments for strategic projects of Haridwar University. If the Invention or Discovery is a product of funded research, the sponsor's income distribution laws will take precedence over University policy regarding license money.
If another institution or outside agency shares income from a patent, the income will be distributed first to the other institution based on agreed-upon terms, followed by the Inventor in accordance with this Patent and Invention Policy.
The University retains ownership of inventions created by undergraduate or graduate students for class assignments, including:
A "work made for hire" refers to a work or invention developed by a student as part of their employment obligations or commissioned by the University. If students create or enhance ideas or discoveries allocated to the University or subject to the Patent and Invention Policy as part of a class assignment, the University will retain ownership of those projects. The University reserves the right to assert ownership. If the invention is developed as a class assignment and pursued as an independent project with considerable resources from the University and a teacher or staff adviser, the rights are protected. Inventions that students willingly assign to the University should be held by the University and subject to the remainder of the Patent and Invention Policy.