INTELLECTUAL PROPERTY PROVISIONS FOR EIC PATHFINDER AND EIC TRANSITION PROJECTS
An EIC Inventor is any named (or entitled to be named as) inventor on a patent filed to protect a result obtained with EIC funding (‘EIC result’). EIC Inventors are hired or subcontracted with EIC funding by an EIC Awardee (i.e. an EIC beneficiary) who is a public body. Being an author in a peer-reviewed scientific publication does not qualify such author as EIC Inventor, even if the results were obtained with EIC funding.
EIC Inventors have certain rights to exploit results in cases where the Awardee does not provide adequate or timely support for exploitation, as set out in the Work Programme.
The ownership of the result follows the institutional practice of the EIC Awardee (in most cases the ownership rests with the EIC Awardee, e.g. the institution employing the EIC Inventor)
Yes, although you are expected to first assess the protection and commercialisation potential of your invention and ensure that this is not negatively impacted by a publication.
Researchers are encouraged to disclose their results to their institution (the EIC Awardee), in particular to their Technology Transfer Office, when such service is available. Following a formal request from the researcher (EIC Inventor), the institution has 6 months to decide whether it will support the protection and commercialisation of the invention. If it decides not to, then the EIC Inventor may claim access rights to protect and commercialise the invention. However, any protection/commercialisation plans from the EIC inventor should not contravene the ‘Dissemination and Exploitation Plan’ already agreed for the project.
The EIC Awardee is expected to provide to the EIC Inventor meaningful support such as either financial support, for instance through the funding of patenting costs, or other forms of support, such as expertise/ advice, access to infrastructures or facilities, or other forms of support that would be considered necessary for the protection or commercialisation of the innovation.
Yes. EISMEA may object to a transfer of ownership or the exclusive licensing of results under certain conditions. These conditions and the procedure are indicated in the applicable Work Programme and the grant agreement.
If your institution (the EIC Awardee) provides you, the EIC Inventor, with financial or other support to protect or commercialise your invention, royalties or other returns may be shared with the institution on mutually beneficial terms, provided that the conclusion of any such agreement does not prevent you from commercialising your invention. The financial support from the institution should include as a minimum the full or partial funding of the costs of relevant Intellectual Property Right protection in major jurisdictions. The royalties and other returns to your institution should be fair and proportionate to the financial and other support provided.
Yes. The EIC Awardee can suspend the access rights of an EIC Inventor if 1) The plans of the EIC Inventor go against the ‘Dissemination and Exploitation Plan’ that the EIC Awardee is in the process of developing, according to the institutional policies/strategy and 2) the plans of the EIC Inventor go against the ‘Dissemination and Exploitation Plan’ already agreed by the EISMEA for that particular project.
Yes. If your access rights have been suspended by your institution on the basis that they contravene the ‘Dissemination and Exploitation Plan’ agreed by the institution (EIC Awardee) and the EISMEA, you may request that the EISMEA lifts that suspension by demonstrating that the exercise of the access rights does not affect the Dissemination plan.
The EISMEA (the ‘granting authority’) will not impose penalties if the EIC Awardee attempts to disseminate and provides the means to the EISMEA to support the dissemination. EISMEA will impose penalties only when the beneficiary “...continues to oppose to the dissemination by the granting authority or refuses to provide any data or document necessary for the said dissemination.”