Invention Related to Workplace Duties
Definition of Invention Related to Workplace Duties
- This includes intellectual property created by faculty and staff which is related to their current workplace duties within the scope of their responsibilities, using the research facilities and manpower of the school regarding their current or past workplace duties.
- Also included is intellectual property that has been created as a result of executing a project based on research expense support received from the school, an affiliate institution of the school, a ministry of the government, governmental agencies, or any private enterprises.
- Intellectual property whose rights belongs to the university under legal obligation, or a research outsourcing contract with a third party, is similarly included.
- ※ Ownership of an invention related to workplace duties of national or public universities (in the provision of Paragraph 2, Article 10, of the Invention Promotion Act)
- National and public schools (hereinafter referred to as "national and public schools") pursuant to Article 3 of the Higher Education Act have the right to invention related to workplace duties pursuant to the latter part of Article 11 (1) of the Technology Transfer and Commercialization Promotion Act. The organization in charge (hereinafter referred to as "organization") can claim the right as well as the ownership of the patent rights for invention related to workplace duties of teachers and staff of national and public schools.
- The “organization in charge” of universities refers to the “R&BD Foundation.”
Obligation to Declare an Invention Related to Workplace Duties and Notification of Succession of Rights
- If a faculty or staff member has completed a work-related invention, he/ she must draw up a work-related invention declaration form and submit it in written form to the R&BD Foundation without delay. (Basis: Article 12 of the Invention Promotion Act and Article 5 of the Chonnam National University Intellectual Property Regulations)
- The R&BD Foundation, which has received the notification of the invention related to workplace duties from its faculty and staff member shall notify said member(s) whether or not to take over the rights to the invention within the period (4 months) prescribed by the Presidential Decree (Basis: Article 13 of the Invention Promotion Act and Article 7 of the Chonnam National University Intellectual Property Regulation) in written form.
- In case the R&BD Foundation becomes successor to the invention related to workplace duties, the intellectual property rights will be applied under the name of the "Chonnam National University R&BD Foundation" and if does not become successor, it will be recognized as an individual invention of the person who created it.
Declaration of Invention Related to Workplace Duties and Patent Application Procedure
Precautions When Submitting the Invention Report(Important)
- When submitting the invention report, fill in and submit related data together if the contents of the invention were disclosed by presentation in conferences, lectures, publications in academic journals, catalog production, presentation through telecommunication, prototype production, exhibition entries, and other similar circumstances.
- ※ If the contents of the invention are disclosed before the patent application, the patent application will be rejected for loss of novelty unless the notice of exception and related documents are submitted at the time of the patent application.
- In the case of an invention related to workplace duties arising from a national R&D project, the application should include the following details in order to be recognized as a result of the R&D project: 1) project identification number, 2) governing authority, 3) research management specialized institution, 4) research project title, 5) research title, 6) management institution, and 7) research period.
- When applying for an overseas copyright application, the international invention report must be filed separately from the domestic application (overseas application deadline: within 1 year of the date of domestic application, provided that it does not fall under the noticed exception).
Invention Interview Procedure
- Research should be conducted to make sure there is not duplicate invention registered prior to applying for the job-related invention report.
- Those who report an invention (including professor, graduate students, or researchers), related to workplace duties should go through an interview with patent attorneys, as well as technology transaction and evaluation experts by technology field in order to promote patent registration and technology commercialization.
- Deliberation on invention succession is based on the results of the invention interview (done by the R&BD Foundation).
- Efforts will be made to expand the scope of support for patent applications when they are involved in the creation of excellent technology (including domestic patents, PCT international applications, and overseas applications).
Problems in Filing or Acquiring Intellectual Property Rights for an Invention Related to Workplace Duties in an Individuals' Name
- If it is confirmed that intellectual property rights have been filed or acquired in the name of an individual or third party for an the invention related to workplace duties of a faculty or staff member, the right will be withdrawn by the R&BD Foundation, which holds the rights.
※ This is a representative case of criticism at inspection by the Board of Audit and Inspection and the Ministry of Education. - If it is confirmed that the application or acquisition of intellectual property rights arising from the research results of a national R&D project in the name of an individual, it is subject to sanctions such as restrictions on participation in governmental projects, and the rights will also be withdrawn by the R&BD Foundation, which holds the rights.
※ However, if the R&BD Foundation accounced that it decided not to succeed the rights to a job-related invention, it will be recognized as an individual invention of the relevant faculty or staff member.
Relationship between Thesis Publication and Patent Application
Best Method: Apply for a Patent before Publication
- It is best to apply for a patent prior to the publication of an invention such as a thesis presentation.
- If a thesis is published and an invention is announced to a large number of unspecified persons, a patent application may be filed with a notification exception within 12 months of the date of publication, and the novelty may be recognized if the relevant documents are submitted. (Patent Act Article 30)
Invention interview
- Jeong Mijin
- Tel : 062-530-5158
- E-mail : miji@jnu.ac.kr
Application and management of intellectual property rights
- Kim Kyung-jin
- Tel : 062-530-5121
- E-mail : kkj@jnu.ac.kr