Intellectual Property

Frequently Asked Questions

• What is IP, and what kinds arise from research?
  Intellectual Property (IP) refers to creations of the mind that can be legally protected. In research, IP can include inventions, data, software, teaching materials, designs, trade secrets and copyrightable works like theses or publications. At Ontario Tech, these are protected under laws such as patents, copyright and trademarks, and governed by the university’s IP Policy.
• What is the difference between background and foreground IP?
  Background IP refers to pre-existing intellectual property brought into a project, often owned by a researcher, the university or a third party. Foreground IP is newly created during the course of the research or project. Foreground IP is typically subject to Ontario Tech’s IP Policy, while background IP may carry prior obligations or restrictions.
• What is the difference between owning and licensing IP?
  Owning IP means holding the legal rights to control, use and benefit from the intellectual property. Licensing IP means giving someone else permission to use those rights under specific terms, while the owner still retains ownership. At Ontario Tech, creators typically own their IP but may grant licenses to the university or external partners for specific uses.
• How can I protect my IP?
  You can protect your IP by disclosing it early to the IP Office at the Office of Research Services, avoiding public disclosure before filing for protection, and identifying any third-party rights or funding terms. Depending on the type of IP, protection may involve patents, copyright, confidentiality agreements or licensing strategies, all in alignment with Ontario Tech’s IP Policy.
• Who owns IP created by students, faculty or staff?
  By default, students and faculty own the IP they create in teaching, research or study. Staff creations within job duties are owned by the university. Contracts or sponsored agreements may override the default. The university retains an internal-use licence.
• What if IP is created jointly (e.g., supervisor and student)?
  Jointly-created IP is jointly-owned unless an agreement says otherwise. Major decisions (patenting, licensing, publishing) should be made together, and the Office of Research Services can help mediate disputes.
• Who owns research data and databases?
  Data are typically held in custodianship by the research team, with the PI responsible for stewardship. Student creators may use data for theses and publications, subject to ethics, confidentiality and sponsor terms.
• Who owns software, teaching materials or course content?
  Faculty and students generally own the software and teaching content they create. If non-academic staff or institutional resources materially contribute, the university may co-own. The university retains a perpetual internal-use licence for education and research.
• Is computer code considered as IP, and how is it protected?
  Yes, computer code is considered intellectual property. At Ontario Tech, it is typically protected under copyright, and ownership follows the IP Policy. If non-academic staff significantly contribute to the software, copyright may be shared with the university. The university also retains a perpetual, royalty-free license to use the code for teaching and research. 
• Who owns IP created under grant-funded projects?
  IP created under grant-funded projects (in default) is typically owned by the creator, in line with Ontario Tech’s creator-owned IP policy. However, ownership may be modified by the terms of the grant or funding agreement. If required by the sponsor, the university or funder may hold certain rights, and creators must comply with those terms.
• Does the university have rights to use academic works created by academic personnel (i.e., faculty and students)?
  Yes. The university has a non-exclusive, royalty-free, perpetual internal-use licence for teaching and research. Creators retain ownership and may request cessation after five years, subject to approval.
• What happens to IP ownership when research is funded by or conducted with an external sponsor or industry partner?
  The signed agreement governs IP. Many grants leave IP with creators. Partnered or industry contracts may assign ownership, joint ownership or options to the sponsor.
• If I publish my research outputs, do I still own the results?
  Yes, you generally still own your research results after publication, especially under Ontario Tech’s creator-owned IP policy. However, publishing may limit your ability to seek patent protection, and the university retains a license to use your work for teaching and research purposes. 
• When and how should I disclose new IP created at Ontario Tech?
  New IP must be disclosed in writing, in a timely manner, to the Associate Provost, Research before any commercialization activity begins. The disclosure should include details about the IP, all co-creators, funding sources and relevant background information, as outlined in the IP Policy.
• What specific forms must be used for disclosing new IP at Ontario Tech?
  Creators must complete and submit the Intellectual Property Disclosure Form, and in cases involving software or copyrightable works, the IP Disclosure Form for Software and Copyright. These forms ensure compliance with the IP Policy and must include detailed supporting documents about the invention, contributors, funding sources and any public disclosures.
• What happens after I submit an IP disclosure?
  After an IP disclosure is submitted, the IP Officer will inform the creator of their options: to commercialize independently or offer the IP to the university. If offered, the university may conduct a technical or commercial assessment before deciding whether to proceed. If accepted, the creator assigns the IP to the university, and a revenue-sharing agreement applies. If declined, rights are returned to the creator with financial obligations to the university if revenue is later generated.
• Who has signing authority to enter into IP agreements with external organizations? Can a PI independently enter these agreements?
  Only authorized university representatives from the Office of Research Services (ORS), such as the Executive Director, can sign IP-related agreements on behalf of Ontario Tech. PIs or individual researchers or creators CANNOT bind the University to IP terms or licenses without formal approval.
• Can I independently commercialize IP developed at Ontario Tech, and what are my responsibilities?
  Yes. Creators may commercialize IP independently. They are fully responsible for protecting, marketing and licensing the IP, and must provide the university with full indemnification. They are also required to pay Ontario Tech 25% of net revenue or 10% of gross revenue, whichever is greater, on an annual basis.
• How are revenues shared when IP is commercialized?
  If creators commercialize IP independently, they would pay Ontario Tech 25% of net or 10% of gross revenue, whichever is greater. If the university commercializes the IP, it keeps 75% of net revenue and returns 25% to the creator.
• Does Ontario Tech have specific rights regarding my patent applications?
  The university holds a perpetual, non-exclusive, royalty-free, irrevocable license to use any patented invention created by university personnel for teaching, research and academic activities. Creators must also keep the university informed of all Canadian and international patent filings through annual activity reports or other means.
• What do I need to know about copyright? Do I own copyright in my thesis and/or published scholarly papers?
  At Ontario Tech, the academic personnel including graduate students hold copyright in theses and scholarly works they create. However, the university retains a perpetual, non-exclusive, royalty-free license to use, copy and modify such works for teaching, research and academic purposes.
• What must be done in case of a conflict of interest related to IP?
  Any perceived or potential conflict of interest related to IP must be disclosed in writing as soon as it is identified. The activity may be paused during assessment. Conflicts will only be permitted if they can be managed to protect the university’s integrity and obligations, following the Conflict of Interest Policy.
• If a PI or supervisor independently commercializes IP intended for use in a university project, should the university be excluded from related discussions?
  No. If a PI commercializes IP developed with university support or involving other contributors, the university must be informed and involved. All commercialization activities must align with the IP Policy, and any license agreements require full indemnification and financial obligations to the university. The university also retains rights to use the IP and may have ownership claims if non-academic staff contributed.
• One of my partners in a research project is Indigenous. What guidance is available to help me and my research team understand how to best protect IP while also protecting Indigenous Peoples’ unique historical and cultural contributions to a project?
  Researchers should engage Indigenous partners early, ensure informed consent, and establish clear agreements respecting ownership, access and benefit-sharing. While Ontario Tech’s IP Policy does not specifically govern Indigenous knowledge, it supports ethical collaboration and culturally appropriate recognition. Researchers are encouraged to consult Indigenous community protocols, ethics guidelines and to seek support from the Office of Research Services.
• I am working on a community-based research project and the research participants are collaboratively contributing to the research findings. They are representatives of the community and do not have an institutional affiliation in the project. How can we protect our IP as researchers and make sure that the contributions of community participants are appropriately protected and recognized?
  To protect IP and recognize community contributions, you should establish a clear, written agreement at the start of the project. This agreement should define ownership, use rights, authorship and benefit-sharing. Community participants should be acknowledged appropriately, and any traditional knowledge or cultural input must be treated with respect, while following ethical guidelines. If Ontario Tech resources are being used, the university must be included in the agreement to ensure alignment with its IP Policy.
• Who can assist me with IP-related questions and processes?
  The IP Officer in ORS is the first point of contact, with support from the Research Partnerships team. Policy interpretation is available through the Research Legal Team in ORS.