A patent application of a UW employee is drawn up in cooperation with the UTTC. We assist applicants in the process of preparing the application, cooperate with patent agent/attorney offices, and offer our assistance and advice. We would like to encourage you to learn more about the patent process at the University of Warsaw.
If any external entities participate in the works that precede the filing of a patent application (e.g. via financing research), the patent application may be filed with one or more external entities. In such a case, the entities that participate in the research become co-applicants of this patent application. Ask for a template of the agreement.
Licence agreements are signed by entities authorised to manage the IP, i.e. the University of Warsaw and any other possible co-patentees. Ask for a template of the agreement.
Licence fees usually amount to 1–10% of the licensee’s revenue from the sale of products/services based on a given licence. If a researcher establishes a spin-off company that functions on the basis of IP owned by the University of Warsaw, the spin-off company may be a licensee and pay licence fees to the University of Warsaw, as specified in the agreement concluded by the spin-off and the University of Warsaw, in accordance with the description provided below.
The University’s licence proceeds are divided in line with the Rules on Intellectual Property applicable at the University of Warsaw:
50% to the Creator or a team of Creators
25% to the University
25% to the Faculty
If there is more than one patentee, the licence proceeds are distributed in accordance with the shares established in the agreement on the joint right to obtain a patent. Ask for a template of the agreement.
The company is established by an Employee and the University. The University takes up 5–20% of the shares in the company via a company established for that purpose, i.e. UWRC Sp. z o.o. The remaining shares are taken up by the employee/employees and third parties. The UTTC cooperates with the researcher regarding company formation, prepares the documentation and quotes, and offers support in the initial stages of the company’s development.
Check what you need to do to establish a spin-off.
If the spin-off functions on the basis of IP owned by the University of Warsaw, it is obliged to pay licence fees to the UW, as specified in the licence agreement concluded by the University of Warsaw and the spin-off. Consequently, if a researcher is a shareholder in a spin-off company that is obliged to pay (for example) 10% of the revenue as licence fees, then the distribution of revenue from the sale of products or services created on the basis of such a licence is as follows:
- PLN 1000 – Sample revenue of a spin-off company
- PLN 900 – amount kept by the spin-off
- PLN 100 – License fee for the UW (10%) is distributed in accordance with the Rules, as follows:
- PLN 50 – Creator or a team of creators of the IP
- PLN 10 – Research of the Creator
- PLN 20 – University
- PLN 10 – Faculty
The rights purchase agreement is similar to the licence agreement. The only difference is that in the rights purchase/transfer agreement, the disposal of rights is a singular action that results in the full disposal of rights. The distribution of the UW’s proceeds from the disposal is analogous to the distribution of licence fee proceeds (see: licence).
Our objective is to support the research staff in the process of research result commercialisation. Our experienced experts may serve as advisers, as well as conduct or coordinate the entire process. We may participate in the entire process, from the idea itself until the research results are sold, or just in a part of it ( e.g. in the filing of the patent application).
“Commercialisation of R&D results obtained at a State-Owned Research Unit requires the brokerage and support of institutions that are closely related to and that cooperate with the private sector. Such organisations include institutions from the business sector, created by both research units and universities, as well as local governments and the private sector. It should be mentioned that the most effective commercialisations of R&D results obtained in State-Owned Research Units are attributable to such brokerage services.
The cooperation between the research and the business sectors becomes the key factor that ensures efficient commercialisation of R&D results obtained in State-owned Research Units, and it is one of the most significant priorities in the new financial perspective for 2014–2020. It is worth emphasising that the effectiveness of activities undertaken by such institutions is primarily dependent on the efficiency of particular units, the people engaged in their work, and the staff managing given organisations.” (see: Projekty komercjalizacji B+R, NCBiR 2014)