IP Overview

A patent confers a statutory right granted by a sovereign authority to the inventor, providing the exclusive right to exclude others from making, using, offering for sale, or selling the claimed invention for a limited period.

• Scope of Protection: Patents safeguard novel and non-obvious utility (processes, machines, compositions of matter), design, and plant inventions. This includes new compounds, methodologies, and specific software applications.
• Significance to BGSU: Patents are the primary mechanism for protecting research-derived inventions and are essential for subsequent licensing and commercialization activities managed through BGSU Research Technology Transfer.
• Process Note: Patent prosecution is a complex, multi-year process involving significant legal and financial investment.

A copyright provides legal protection for original works of authorship, granting the owner exclusive rights to reproduce, distribute, perform, display, and create derivative works for a statutory duration.

• Scope of Protection: Copyright is automatically afforded to the expression of an idea, not the underlying idea itself. Protected works include scholarly articles, books, software source code, databases, artwork, musical compositions, and architectural drawings.
• Significance to BGSU: Most academic outputs, including publications and instructional materials, fall under automatic copyright protection. BGSU policies govern the ownership of such works created by faculty, staff, and students.

Tangible Research Property (TRP) refers to physical materials and resources generated during research activities. TRP is distinct from the intangible rights (e.g., patent or copyright) associated with the material.

• Examples: Biological materials (e.g., cell lines, vectors), novel chemical compounds, physical samples, animal models, and prototype devices.
• Management: The transfer of TRP to or from outside entities is governed by a Material Transfer Agreement (MTA), which sets contractual limitations on its use, dissemination, and potential future commercialization. The Division of Research administers these critical agreements.

A trade secret is proprietary information that is not generally known and that derives economic value from its confidentiality. Enforcement requires the holder to demonstrate reasonable efforts to maintain secrecy.

• Examples: Confidential methodologies, formulas, undisclosed know-how, and proprietary systems.
• Relevance to BGSU: While the university's mission emphasizes publication and open dissemination, certain information, particularly prior to formal IP filing (e.g., invention disclosure), may be temporarily maintained as a trade secret to preserve patentability and competitive advantage.

Research data are critical components of the university’s research enterprise and are considered a form of Tangible Research Property.

• Ownership: Under Ohio law and federal regulation, any tangible research property, including data and/or other records of research conducted under the auspices of BGSU, belongs to the university (ORC §3345.14, OMB Circular A-110, Sec. 53).
• Retention and Access: Researchers have obligations for data retention, access, and eventual preservation or sharing as defined by grant agreements, federal mandates, and university policies, often managed through a Data Management Plan.
• Faculty Departure and Data Transfer:
  • Core Obligation: Because research data is owned by the university, a departing faculty member must leave  all primary research data and records at BGSU in a format accessible to the department and/or a successor Principal Investigator (PI).
  • Taking Data: The departing faculty member holds any copies of the data in trust for the university and must guarantee BGSU access to the data if required for compliance, publication validation, or investigation (e.g., research misconduct) during the required retention period. 
    • A faculty member is generally permitted to take copies of the research data for projects on which they have worked to use at their new institution, provided:
      • They obtain written approval from the Division of Research.
      • The transfer complies with all sponsor agreements (e.g., grant requirements), Data Use Agreements (DUAs), and all legal restrictions (e.g., protecting human subject data, restricted data, or confidential information).
      • The faculty member and their new institution may be required to execute a Material Transfer Agreement (MTA) or Data Use Agreement (DUA) or similar agreement to govern the ongoing use and access of the data.

Trademarks (for goods) and Service Marks (for services) are designations (words, names, symbols, or devices) used in commerce to distinguish the source of goods or services from those of others.

• Scope: These marks protect the institutional brand, including the university's name, logos, and official identifiers.
• Relevance to BGSU: Trademark management primarily falls under institutional oversight to protect the BGSU brand identity. They are generally not the focus of individual research-related IP disclosures.