Policies and Forms
Release of Inventions to Inventors
The policy statement displayed below is also available for viewing/download as a PDF file.
Harvard University
Policy for Release of Inventions to Inventors
Adopted by the Committee on Patents and Copyrights on May 22,1992 and approved by the President and Fellows of Harvard College on September 20,1993, and amended by the Committee on Patents and Copyrights on April 21, 2003.
If the University evaluates an invention or copyrightable work which, according to University policy, is to be or has been assigned to Harvard and OTD determines that the invention or work is unlikely to be patentable or copyrightable and/or is not likely to be licensed commercially, the University may, upon request, release the invention or work to the inventors. This release may be via assignment, license option or some other arrangement. Any such release ordinarily will be subject to the following and other case-specific terms and conditions:
The inventors agree to develop the invention or work in a manner that will benefit the public.
The inventors agree to reimburse the University for any of its legal or licensing expenses if and when the inventors receive income from the invention or work.
The inventors agree to share with the University up to 20% of any net income (gross income less legal and licensing expenses) received from the invention or work.
The inventors agree, upon request, to report to the University regarding their development efforts.
For inventions or works in the health and medical therapeutics field, the inventors agree to reassign the invention or work (and any copyrights, patent applications or patents) to the University if the Committee on Patents and Copyrights determines the inventors are not developing the invention or work for the benefit of the public.
The inventors agree to fulfill any obligations that may exist to sponsors of the research which led to the invention or work - in particular, the federal government - e.g., the grant of royalty-free, non-exclusive licenses to the sponsor or the sharing of royalty income with the sponsor.
The University retains an irrevocable, perpetual, royalty-free, non-exclusive, worldwide license to use the invention or work for its research, education, and clinical care purposes and to grant such rights to other non-profit institutions.
The University disclaims any warranties with respect to the invention or work and the inventors agree that the University will have no liability in connection with the development or commercialization of the invention or work.
The University will, when practicable, notify inventors of its intention to cease efforts to patent and/or commercialize an invention or work but the University will have no liability to any inventor if it fails to provide such a notification.
Although the University retains the sole right to determine if an invention or work should be placed in the public domain or released to the inventors, if an inventor does not agree with OTD's determination, he or she may appeal the decision to the University's Committee on Patents and Copyrights.
The policy statement displayed above is also available for viewing/download as a PDF file.