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If we are working on projects with potential for patentability, how do we handle intellectual property (IP) issues?

The RFP asks for details on policies for accessing and sharing data, including IP rights, yet the MRA gives BP first option on any development of potential economic benefit. How does this work in practice, given that we are required to make data available as soon as possible?
asked in Proposal Content (Required Information) by piers.chapman
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1 Answer

The GoMRI Intellectual Property and Publications Policy can be found under Appendix 3 in the MRA. Please reference the GoMRI Intellectual Property and Publications Policy's paragraph "Disclosure; Patent Protection; Payment of Costs" for more specific information on how patents will be handled. In the rare case where public release of data may compromise the patentability of intellectual property, the GoMRI Research Board Data Committee may be asked to advise on a plan of action and milestones for release of the data in question.

In regard to patent protection specifically, the GoMRI Intellectual Property and Publications Policy states:
"The Research Institution will disclose all Research Results to BP accordance with the applicable Grant Agreement for each Approved Research Project to identify the subject matter of the licenses granted herein. In addition to the disclosure requirements under such Grant Agreement, the Research Institution will promptly, after the conception or reduction to practice thereof, disclose Research Results to BP in order for BP to identify Inventions having potentially patentable subject matter. The Research Institution and BP shall hold all invention disclosures provided by the Research Institution as confidential for the period of time specified in this paragraph. Within thirty (30) calendar days from disclosure by the Research Institution, BP may identify Inventions having potentially patentable subject matter for which it wishes the Research Institution to file a patent application. If applicable and at BP’s request, the Research Institution shall keep confidential and delay public disclosure of an Invention for up to sixty (60) calendar days, solely for the Research Institution to prepare and file a patent application covering such Invention. The actual period for any delay will be the earlier of sixty (60) calendar days or the Research Institution’s act of filing a patent application covering such Invention.
In the event that the Research Institution elects not to pursue patent protection for any Invention, or elects to discontinue prosecution or maintenance of any patent application or patent claiming an Invention, the Research Institution shall notify BP promptly and with sufficient advance notice to permit BP to protect the intellectual property rights in such Invention. If requested by BP, the Research Institution shall promptly assign to BP or to a third party designated by BP, to the extent permitted by law, all rights in Inventions that the Research Institution elects not to pursue."
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