Commercialization of Applicable Inventions

Final Approval Body: Board of Trustees

Senior Administrative Position with Responsibility: Vice-Principal, Research

Date Initially Approved: May, 2022

Purpose of Procedure

When using the commercialization services of the Queen’s Partnerships and Innovation (“QPI”), the proceeds of commercialization of an Applicable Invention wholly owned by one or more Researcher(s) and/or Student(s) shall be shared 50:50 between the Researcher(s) and/or Student(s) on one side and the University on the other, after the deduction of eligible commercialization costs incurred by QPI pursuant to the terms of an Intellectual Property Agreement.

The Vice-Principal Research, in consultation with senior leadership and Deans, will determine an allocation of the institution’s share of any commercial proceeds.
 

Procedure

If a Researcher(s) and/or Student(s) has an interest in commercializing an Applicable Invention wholly or partially owned by Researcher(s) and/or Student(s), such Researcher(s) and/or Student(s) shall inform the University by submitting an Invention Disclosure Form to QPI. 

1.    On behalf of the Vice-Principal Research portfolio, QPI will review the Applicable Invention for commercialization feasibility.
        a.    Within ninety days QPI will either:
             i.    make an offer to commercialize the Applicable Invention in accordance with a proposed Intellectual Property Agreement,
             ii.    decline to make an offer to commercialize, or
             iii.    recommend further steps and a re-evaluation of the Applicable Invention at a later date.
2.    Such Researcher(s) and/or Student(s) may reject QPI’s offer of commercialization services or recommended further steps. 
3.    After such a rejection or the lapsing of ninety days from submission of the Invention Disclosure Form, such a Researcher(s) and/or Student(s) may pursue Independent Commercialization.

When pursuing Independent Commercialization, no share of proceeds of commercialization shall be owed to the University.

Related Policies, Procedures, and Guidelines

Intellectual Property Commercialization Policy

Dispute Avoidance and Resolution Procedure

Table Summarizing Policy Guideline

Formation of a Startup to Commercialize Applicable Inventions Guideline

Policies Superseded by this Procedure

In the event of a conflict between the provisions of the aforementioned Procedure and the provisions of any current and/or future collective agreement covering a Researcher(s), Student(s), and/or Staff, the applicable collective agreement shall govern to the extent of the conflict.

Responsible Officer: Vice-Principal, Research

Contact: Assistant Vice-Principal (Partnerships and Innovation)

Date for Next Review: 2027