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What are the possible outcomes of OTC's assessment of my IDR?
The following are possible outcomes of the Office of Technology Commercialization's (OTC) assessment:
- Encumbered: the invention may be previously obligated to a company or sponsor through a grant or research agreement. OTC will comply with the terms of such agreements.
- Co-Owned: if the invention includes creators from another entity, the invention may be co-owned. If the co-owner is another academic institution, the parties will appoint a lead institution to patent and license the technology with proceeds being split among the inventors. If the co-owner is a company, the company may decide to proceed without MD Anderson unless restricted by a prior agreement.
- Preliminary: if the invention is still in an early stage of development, OTC may delay making a determination at that time. In such cases, the Project Manager will follow up with the inventor at six-month intervals to determine the continued progress on the invention.
- Assert Rights: if the invention is potentially commercializable, but it is not patentable or ready for patenting, OTC will assert rights to the technology and proceed with marketing and licensing efforts without seeking patenting protection (e.g. certain research tools) or may seek other forms of protection, such as a registered copyright. Additionally, if the creators are not ready to publish or present the invention, OTC typically likes to time the patent filing as close to, but before, such disclosure.
- Patent: if the invention is ready for publication or disclosure and meets other evaluation criteria, OTC will file a patent application on the technology.
- Close/Return Rights/License Back: if OTC decides not to assert rights and the technology is not encumbered, OTC will close the file and may return the rights to the inventor or license the technology back to the inventor.
OTC will notify you of its assessment of your invention.