UPorto’s IP regulation

Contact person 
Sónia Pereira
University of Porto
Do you want to share an instrument/policy or a knowledge Transfer practice? 
Knowledge Transfer Practice
What are the following keywords/priorities which better fit the instrument/policy?  
No information provided
Identify the Knowledge Transfer area to which the practice belong 
Technology licensing
Indicate the country from which the practice is 
What is the title/name of the instrument/policy? 
No information provided
What is the title/name of the practice? 
UPorto’s IP regulation
Indicate the target group/beneficiaries of the practice 
Higher educations institutions research units/centres
What is the aim/objective? 
The University of Porto Intellectual Property Regulation has established the rules for protection and valorization of Intellectual Property (IP) rights that are generated in the University of Porto and at the same time has given its collaborators the opportunity of profiting from the tech transfer benefits.
Give an overview of the practice 
The UPorto’s IP regulation rose from the fact that researchers needed to be informed of the importance to patent their inventions, as well as from the fact that there was no control regarding the patenting within the University. The IP Regulation implies to any researcher of the University who wishes to fill a patent, to communicate to UPIN about this intention, via the submission of an invention disclosure. This invention disclosure is then analyzed by UPIN and it is then decided if the technology is worth of a patent filling or need additional development, for example. The IP Regulation defines the percentage of ownership regarding the patents, as well as the deadlines for each phase. The IP process begins with the submission of an invention disclosure form. As a general rule, the inventor or creator shall disclose an invention to UPIN – University of Porto within a maximum delay of three months from the date on which the invention is considered to be accomplished. The patent protection process formally begins from this point onwards, and UPIN has the duty to deliver the University of Porto Rector a non-binding written opinion whether the invention is viable or not. The Rector has the final decision over the patent filing process, and to inform the inventor. If the University decides to file a patent application, the procedure begins with a state-of-the-art research (in patent databases) for the evaluation of the novelty and market value of the invention. Then, the patent text is delivered to patent attorneys, to be revised. The formal deposit of the patent application is also made by patent attorneys.
What is the date of creation of this practice? 
Wednesday, November 16, 2005
Is the practice still active? 
What is the approximate budget needed for implementing this practice? 
What kind of resources is needed for implementing the practice? 
As with any policy or internal regulation the cost of development is very much connected with the effort of defining the aims to be accomplished and procedure to enforce the policy. This means human resources knowledgeable in the field and consensus building for general acceptance of the policy. Some costs might be related with an external evaluation of the policy or outsourcing of legal work (estimated around 2.500 to 5000€/depending of the hourly rate applicable). A consequence of implementing an IP policy is that the institutions should later on secure the budget to manage the IPRs filed. This budget depends largely on the institutions aims and strategy and hence not possible to quantify.
Is this practice linked to an instrument/policy?