Frequently Asked Questions (FAQs)

Inventorship (for patents) and authorship (for copyrights) are defined by U.S. law and differ from academic conventions such as authorship on papers or being listed as a principal investigator on a grant.

• Inventorship: To qualify as an inventor, you must contribute to the conception of the invention. That is, you must envision how it works and its essential steps. Simply following instructions, confirming an idea works, or sharing knowledge that is already public, even if obscure or useful, does not make you an inventor.
• Authorship: Copyright authorship applies to the creative expression of an idea, not the idea itself. For example, if you direct someone to write software to perform a function, the programmer is the author. Whether you are also an author depends on the originality and detail of your contribution to the program’s design.

• Copyright protects the expression of an idea, such as software code, written works, music, or artwork. For instance, a specific piece of source code you wrote is protected by copyright.
• Patent protects the invention itself such as a novel and useful process or method, new use of an existing material, or composition of matter. For example, if your software embodies a new algorithm that provides a unique technical solution, the algorithm may be patentable.
• In short: Copyright = “how it’s expressed.” Patent = “what it does.”

ICO actively involves inventors throughout every stage of commercialization.

• Patenting: Our office meets with you to assess patentability and market opportunity. You provide critical technical detail that only you can contribute.
• Licensing: We collaborate with you to identify potential licensees, leveraging both ICO’s industry connections and your own.
• Marketing: Inventors help shape clear, compelling descriptions of the technology so industry partners understand its novelty and value. The inventor may also have industry contacts that are useful in establishing the relationships for licensing.

Ownership is determined by federal law, state law, and IU policy. In general:

• If your invention was developed using internal or external funding, using IU resources or within the scope of your employment, IU owns the intellectual property.
• Ownership is a determination made by ICO and questions are reviewed on a case-by-case basis.

Public disclosures include publishing a paper, presenting at a conference, posting online, or otherwise making your invention available to the public. Even informal disclosures (e.g., a poster session or thesis defense) may count.

To preserve patent rights, always disclose your invention to ICO before any public disclosure.

1. Patentability – Does it meet criteria for novelty, non-obviousness, and utility?
2. Market potential – Does it solve a real problem with clear commercial demand?
3. Stage of Development & Technical Feasibility – Is it an idea, lab result, prototype, or validated in real-world conditions? Is it a composition of matter or a method?
4. Commercialization Pathways – Is it an incremental improvement or platform technology?
5. Alignment – Does it align with IU's mission and industry needs?

If ICO determines not to move forward, you may:

• Provide additional data that could strengthen the case for protection.
• ICO will work with you to ensure the best path forward for your technology.

IU provides multiple resources to support entrepreneurial faculty and staff:

• IU Ventures – Equity investment and startup support programs.
• IU Innovates – Expands support for IU’s aspiring entrepreneurs.
• ICO staff – Guidance on licensing your technology into a startup.

ICO can connect you to the right programs to match your startup needs.