IP Support Process

Lancaster University’s IP and Commercialisation Process follows a number of steps to identify and assess the potential of a discovery or invention. The process follows the University IP Policy (2019).

Our IP strategy aims to think beyond traditional approaches to IP commercialisation, building a broader base of opportunities from our research insights. The policy and process now offer a robust evaluation process of IP, supported by RES and faculty partnerships teams. Ideas will be reviewed to understand the market demand and impact potential, which will inform the IP protection and exploitation strategy. It is acknowledged that not all research will lead to ideas focused on commercial opportunities, but it is important to ensure that future opportunities to create impact are captured and exploited.

Invention Disclosure – Provide guidance about your disclosure, meet the team that will support you and understand your idea

Initial Meeting - Pre-disclosure meeting held with Inventor(s), Faculty Partnerships and Business Engagement PBE and RES. This is the opportunity to outline the invention or creation and the status of the idea.
Invention Disclosure Form (IDF) – Creator/ Inventor completes the IDF. The IDF provides more information on the discovery/ invention. Inventors/ creators should be declared and other organisations that have been involved in the invention. It should include a brief ‘Prior Art’ search (This should identify 3/4 papers in the area that relate to the invention and 3/4 of the closest patents). IDF can be completed online or requested by emailing J.Wenmouth@Lancaster.ac.uk. The IDF is a confidential document and represents a starting point for the protection and commercialisation process.
Assessment – IP Due Diligence is undertaken to understand the university's Ownership Position and Freedom to Operate. Check of background funding and involvement of external parties. (Where needed right clearance is secured and relevant agreements are put in place)

Value Proposition – Assess each idea to identify what protection is available/ needed, and understand the inventors/Creator's vision and market demand.

Evaluation - The IP and commercialisation team will review the IDF and follow up with the inventor to understand the stage of development, strengths and type of protection possible, continued research plans and publication timelines. Depending on the stage of the invention/ idea it may need further work is needed before becoming licensable or protectable e.g. looking for collaboration partners rather than a licensee.

Initial Market Appraisal - conducted with the Inventor to understand the potential markets and estimate the commercial potential for the invention. This stage will be used to identify if the inventor/ university has appropriate industry contacts. Due to the early and complex nature of university research, returns are likely to be long-term and difficult to define. However, we aim to identify if there is a current or a potential market or what the overall impact potential may be before outlining and protection strategy.

There are a number of programmes available to support market and idea validation including:

Cyber ASAP - https://ktn-uk.org/programme/cyberasap/#Projects

The only pre-seed accelerator programme in the cybersecurity ecosystem, CyberASAP (Cyber Security Academic Startup Accelerator Programme) plays a unique and vital role in supporting cyber security innovation and commercialisation

Protection - IP team and professional agents to review the novelty of the IP. Potential mechanisms for protection will be explored

Protection strategy – From reviewing the IDF and market evaluation findings, if formal IP registration is considered the most appropriate mechanism for providing protection, the type of protection will be identified (Please see types of IPR). Only inventions where a potential market has been identified and there is likely to be commercial value will be patented. If non-formal protection (Copyright, Know-how, non-registered design) is the most effective route to impact, IP and Commercialisation Team will support with NDA’s, Copyright notices, CC Licences or OSS licences where appropriate. (Non-formal protected IP will move into the commercialisation phase)
Filing / Other Protection – Where registered protection is deemed to be the preferred option and the Patent Attorney confirms that the invention fits the criteria of protection a Patent Attorney will be instructed to work with the Inventor to either; draft the Patent application, obtain drawings for Design Right, identify the TM classification. *Patent applications can normally be drafted and submitted in 5-10 working days, assuming all necessary information to proceed has been made available.
Continuous Review Process – If IP has been registered through a Patent, Registered Design or Trademark the prosecution and protection will be reviewed regularly to evaluate the strength of protection (e.g. is the prior art overly narrowing the Patent) and review the progress on impact and commercialisation opportunities. At key milestones, the IP and commercialisation teamwill liaise with the inventor to confirm if the protection should continue, be lapsed or be reduced (e.g. reducing territories). (See patent timeline for Key milestones)

Market Evaluation – Create technology marketing flyers or other marketing materials. Identify potential collaborators/ licences and send marketing information. Review feedback and gauge interest.

Commercialisation/ Exploitation Strategy – Confirm the exploitation strategy e.g. Commercial/ non- commercial, Licencing, further collaboration/ development with an industry partner or spin-out creation. Understand the market demands for each option.

Initial Term Sheet Draft/ Business Plan (Spin-out opportunity) – Once the licensee/ assignee has been identified an initial term sheet will be drafted outlining key terms that the University would want from a licence or assignment. Start of the external negotiation. Or Draft a business plan for a spin-out

Draft Agreement or Create Spin Out – Full licence/ assignment agreement will be drafted based on the Term Sheet. Where appropriate Spin out will be formed on the basis of the business plan, for this shares will be distributed, external advisors will be approached and spin-out will be supported through Lancaster Business and Partnerships support.

Building ongoing relationships – Continued relationship with collaborator/ licensee and/ or spin out company supporting other KE activity such as Consultancy, KTP, Funded research project, Incubation space etc..
Monitor ROI and Impact – Request reports on exploitation and income. Invoice for commercial share. Request KPI data e.g. FTE, Investment, research income etc. Share revenue with Inventors (in accordance with IP policy)
Report to REF and KEF – Included data on annual returns and reports.