Adopted by the Director of the University on authorization from the University Board on 6 March 2025.
1. Background and objectives
This document describes guidelines for ownership and management of intellectual property rights (IPR) at UiO, clarifying rules, the commercialization process, public disclosure of work results, income distribution, and project conclusion. They are based on the overarching IPR Policy (IPR Policy at the University of Oslo).
The Acquisition Agreement, which is an appendix to the employment contract for all UiO employees, provides further regulation of the acquisition of rights to work results. The guidelines described here aim to ensure that knowledge can be utilized as efficiently as possible.
Students own their results and are generally not covered by the IPR Policy unless separate agreements have been made. Such agreements must be entered into if students are to participate in externally funded research projects.
2. Commercialization model
It is a goal that knowledge be utilized through existing or new businesses. At the same time, the University of Oslo should, as a general rule, not establish companies itself. Our policy is that company establishment should normally be conducted by other actors, and we also aim to facilitate this by incentivizing employees, through our IPR Policy and HR Policy, to establish companies.
Each employee must register this as external work (a sideline job).
UiO’s model for commercial exploitation of IPR is therefore, as a general rule, licensing, structured in a way that encourages employees to remain engaged in the process of applying their knowledge and research. This means that UiO covet IPR to be licensed to a greater extent to start-up companies that will aim to realize the potential of the inventions and thus create value for society. The decision regarding the licensee is made by the head of the unit in accordance with Section 6.6 below.
In many cases, employees will need assistance from actors in the ecosystem to build companies. The employees can choose which actors they wish to work with
2.2 Entering into license agreements
Our technology transfer company Inven2 negotiates and enters into license agreements on behalf of UiO. The framework for the types of licenses and licensing terms that may be used shall be determined in the service agreement with Inven2.
3. The tripartite model and distribution of income
3.1 The tripartite model for distribution of income from licensing
The distribution of net license income is specified in the service agreement between UiO and Inven2 and shall (as a general rule) follow the tripartite model where the inventor, UiO, and Inven2 are each allocated 1/3.
Initially, the idea creator (inventor) and the academic environment (unit) where the idea creator is employed shall be favoured with a larger share than the faculty and UiO centrally. In this initial phase, net income up to 500,000 NOK is distributed 50/50 between the inventor and the academic environment. The employee's share is paid out as salary. UiO's share after the first 500,000 is distributed in accordance with Section 3.3.
UiO may receive shares instead of cash payment for a license in a startup company. The framework for the share of stocks that can be claimed for the license fee is specified in the service agreement between UiO and Inven2. As a general rule, the ownership stake shall not exceed 10%. Inven2 manages the shares until sale. In such cases, there will be a tripartite division of the net income from the sale in the same way as with cash consideration.
3.2 Calculation of net license income
Net license income is defined as the income Inven2 receives as payment for the utilization of the rights to the work results, minus Inven2's externally invoiced costs for licensing. Costs for the maintenance and defence of the securing of rights to the work results after they have been commercialized shall also be deducted from the income when calculating the net income.
Inven2's own effort in the form of time costs shall not be deducted when calculating the net income. Furthermore, costs that are covered through grants from policy instruments (funding agencies) or others also cannot be deducted when calculating the net income.
3.3 Distribution of UiO's share
Of UiO’s share (one-third) of net license income exceeding 500,000 NOK, a defined portion shall usually be allocated to the academic environment where the inventor/employee works. This allocation is made in the form of research grants via the lowest administrative level (basic unit) above the inventor/employee.
The distribution follows tiered rules based on accumulated net income:
- Net accumulated license income up to 10 million NOK: This income is distributed equally (50/50) between the basic unit and the faculty.
- Net income exceeding 10 million NOK: This income is distributed in three equal parts: 1/3 to the local unit, 1/3 to the faculty, and 1/3 to UiO-centrally
3.4 Distribution of income/shares if UiO (via Inven2) establishes a company
As a general rule, UiO does not pursue company establishment as a commercialization model. However, in exceptional cases, a company may be established on behalf of UiO to commercialize a work result. In such cases, where UiO (via Inven2) has founded a startup company based on work results, Inven2 will normally subscribe to all shares. The inventor/employee will be granted an option to purchase one-third of the shares at nominal value. This constitutes the inventor/employee’s one-third share, while Inven2 manages UiO’s one-third until the shares are sold. UiO receives its one-third share as a payout from the profit upon sale of the shares.
For work results jointly owned with other entities where UiO is a minority owner, Inven2 may participate in company formation as part of the commercialization process on behalf of UiO.
4. Responsibility and authority internally at UiO
There are certain areas of responsibility associated with the IPR Policy. To ensure that the Policy functions smoothly, these areas of responsibility shall be managed by the various stakeholders, as summarized below.:
Responsibilities of the Head of the unit:
- Maintain an overview of third-party agreements in which intellectual property rights are granted to the third-party entity.
- Ensure that project managers and participants understand and fulfil their obligations.
- Assist in identifying all intellectual property rights related to third-party agreements and keep track of their management.
Responsibilities of Research Project Leaders:
- Ensure that all research staff and students working under a third-party agreement are informed about, understand, and if necessary, formally agree in writing to comply with the terms of such agreements.
- Ensure that visitors or other non-employees working on a project do not violate obligations toward third-party funders or partners, and, if necessary, ensure that separate agreements are established.
- Ensure that any new intellectual property rights are reported to the unit leader.
Responsibilities of Research Project Participants:
- Familiarize themselves with the agreements and terms applicable to the project.
- Inform the project leader or supervisor about intellectual property with commercial potential in which they are inventors.
- Assist the project leader in identifying others who have contributed to the invention.
Support Functions:
Employees and leaders may utilize support services at various levels within UiO’s organization and enter into agreements that delegate responsibility and authority within clearly defined frameworks on behalf of, for example, one or more faculties.
5. Inven2 AS
Inven2 AS (Inven2) is UiO’s technology transfer company, known as the "Technology Transfer Office" or "TTO".
5.1 Ownership
Inven2 is owned jointly by UiO and Oslo University Hospital (OUS), each holding a 50% share. The owners have entered into a shareholder agreement that further regulates the exercise of ownership, and the management of the company shall be conducted in accordance with the principles of state ownership and the government's ownership management policies.
The company shall contribute to innovation work, technology, and business development in accordance with the objectives stated at any time in the University and University Colleges Act, the Act on Health Enterprises (Health Enterprises Act) , and the public policy for the transfer of knowledge from owners to society.
5.2 Agreements and authorizations
Inven2’s tasks and authorizations are further regulated in a service agreement with UiO.
Other agreements between the company and its owners shall be entered into on standard commercial terms.
5.3 Authority to undertake assignments for parties other than the owners
Inven2 is permitted to sell consultancy services to parties other than its owners, provided this does not conflict with Inven2’s purpose or the interests of the owners, and as long as such activity does not exceed the conditions for the owners’ purchase of services under the exception for extended in-house provision according to public procurement regulations.
Inven2 must ensure that any assignments for third parties do not conflict with the interests of UiO or OUS.
Inven2 may not undertake private commercialization assignments from employees at UiO.
6. Process for the transfer and management of IPR
6.1 Introduction
Innovation consists of processes that lead to a new or improved product or initiative that enhances services or addresses societal needs. It is about creating value for society.
An employee may need help identifying ideas and mapping needs, or assistance in protecting the idea or developing and testing the concept. All of these are dynamic processes that contribute to maturing and improving the idea over time. Eventually, it may be time to build a business plan, followed by business development and licensing of IP to a startup or an established company. The duration of the entire process varies greatly and depends largely on the type of project, it can take anywhere from a few months to several years.
6.2 Obligation to report
At a certain stage in the innovation process, the employee is required to submit a “Disclosure of Invention” (DOFI) to UiO via the head of unit.
6.2.1 Scope of the reporting obligation
According to the Acquisition Agreement, the employee must, without undue delay, notify UiO via the head of the unit, when the employee has produced, alone or in collaboration with others, a work result within the scope of Chapter 4 of the IPR Policy.
6.2.2 What the notification must include
The notification must be submitted using a designated form available at www.inven2.com and must include all requested information. If necessary to assess whether a work result has potential for commercial exploitation, UiO via Inven2 may request additional information.
6.2.3 Delayed disclosure
Inventions can only be patented if a patent application is submitted before the invention is made available to others. The employee is therefore obligated, subject to the right to publish (see Section 8.1 below), to refrain from disclosing the invention to others, either orally or in writing, until UiO has decided whether to acquire the rights. If the invention is acquired, disclosure must be postponed until a patent application has been filed (see Section 6.6 below).
Once the patent application has been submitted, the employee is free to publicly disclose the invention, for example through a lecture or a scholarly publication.
6.2.4 Failure to notify
If the employee neglects their duty to report a work result to UiO (via Inven2), and instead exploits the work result themselves or through others, UiO shall be entitled to 2/3 of the net income directly or indirectly generated through the commercial exploitation of the work result.
6.3 Evaluation of the DOFI
Inven2 shall, on assignment from the head of the unit, evaluate the submitted DOFI. The evaluation shall be based on input from the employee(s), prior experience and market knowledge, publicly available information, searches in subscription-based, market-, drug structure-, and patent-databases, as well as feedback from industry stakeholders. The DOFI evaluation shall also determine who is the inventor or creator of the work result.
Inven2 shall document the DOFI evaluation in a report to the employee and UiO via the head of the unit, within two months of receiving the DOFI. The report shall include a recommendation on whether UiO should assume the rights to the work result and establish a commercialization project. The recommendation shall be based on the commercial potential of the work result, the expected resource requirements, and the likelihood of entering into a commercial agreement.
6.4 Decision based on the DOFI
Inven2’s report shall form the basis for the head of the unit’s decision regarding the possible acquisition of rights and the establishment of a project. The decision must be made without undue delay after the report is received. If UiO, through Inven2, has requested additional information necessary to assess whether the work result has potential for commercial exploitation, the deadline shall be calculated from the time such information was provided to UiO (via Inven2).
In cases where a submitted DOFI includes employees from multiple units or other entities besides UiO, the decision shall be made in a meeting where UiO’s head of unit(s) participate. A copy of the decision shall be sent to the employee.
If UiO chooses not to acquire the rights in the reported DOFI, the employee retains the rights to the work result and may take these further on their own initiative and in a private capacity. This is provided that this private pursuit is approved as a secondary employment/sideline job by UiO. The framework for the employee's continued use of time and resources for their own rights utilization should normally be regulated in a separate agreement between the employee and its manager.
6.5 Declaration of acquisition of rights from the employee and subsequent assistance
If UiO decides to acquire the rights and establish a commercialization project, UiO (via Inven2) shall give written notification of this to the employee.
UiO (via Inven2) shall enter into an agreement with the employee concerning the acquisition of rights to the employee's work results described in the reported DOFI ("Right to Invention Agreement")
If UiO has acquired a work result, the employee shall, to a reasonable extent, assist in connection with patenting and commercial exploitation if requested by UiO (via Inven2).
If such assistance exceeds what is reasonable to expect within the scope of the employment relationship at UiO, a separate agreement on remuneration shall be entered into for the assistance the employee provides.
To the extent that an invention has been developed in collaboration with other institutions, or with contributions from inventors who are not employed by UiO, ownership shall be regulated in a separate agreement on ownership (“Joint Ownership Agreement”).
6.6 Establishment of project, concept development, and verification plan
Once the rights to the work results in the DOFI have been acquired by UiO, the head of the unit decides to establish a commercialization project for further development of the invention. The framework for the commercialization project is defined in an agreement with the commercialization actor, typically Inven2.
The project begins with a start-up meeting, where Inven2 and the employee(s) (inventor) and, if applicable, support functions at UiO participate. In this meeting, the assessments from the DOFI evaluation and the elements to be included in the verification plan are reviewed.
The conclusions from the start-up meeting form the basis for the first version of the verification plan. This document is a living document that will follow the commercialization project throughout its entire lifespan and be updated as more results and new knowledge are obtained, typically after each milestone.
The choice of commercialization strategy (licensing to a start-up company established based on the current IP, or licensing to an existing actor) is decided by the unit leader. This decision is based on the idea holder's motivation and wishes, recommendations from Inven2, and potentially support functions at UiO. Inven2’s authority and scope of action are defined in the agreement mentioned in the first paragraph.
From the time the project is established until it is concluded, Inven2 shall maintain a separate project account.
6.7 Securing of rights
Inven2 decides on behalf of UiO whether the rights to the work results should be legally protected, primarily by applying for a patent. Inven2 is also responsible for the rights protection process and signs patent documents on behalf of UiO as the owner. Inven2 shall maintain and, if necessary, defend the rights protection and notify UiO if they receive or send notice of a lawsuit.
UiO (through the employee) shall be involved in the rights protection process.
6.8 Use of UiO's premises and equipment
For commercialization projects managed by Inven2 on behalf of UiO, UiO may provide premises and equipment by separate agreement. Any agreement entered into shall be commercially based and ensure UiO full remuneration on commercial terms. This implies full coverage of all operating costs related to the relevant activity.
Such agreements must not be made at the expense of UiO’s regular operations.
7. Follow-up of contracts and protection of rights
UiO (via Inven2) shall ensure the follow-up of contracts entered into. This includes controlling and collecting license revenues, as well as ensuring the maintenance of patents and any other protection of rights in active commercialization projects.
In cases where commercialization has occurred through the establishment of a company, Inven2 shall manage UiO's ownership interests in the company.
8. Disclosure of work results, etc.
8.1 Quarantine period after notification Is received
For 2 months after UiO (via Inven2) receives notification under Section 6.2, the employee shall not, without written consent from UiO (via Inven2), make an invention available to others. The same applies to other work results where confidentiality is a condition for commercial exploitation or has been agreed upon with a third party.
UiO (via Inven2) shall seek to make the period during which the invention or other work result cannot be made available to others as short as possible. Furthermore, UiO (via Inven2) shall, as far as possible, strive to notify the employee regarding whether UiO (via Inven2) will acquire the rights to the work results without undue delay pursuant to Section 6.5 above.
Teachers and academic staff at UiO still have the right to publish the invention or other work result if UiO (via Inven2) was informed of this intention in the invention disclosure under Section 6.2, and if no third-party rights prevent it (e.g., confidentiality agreements).
If these conditions for publication are met, UiO does not have the right to acquire the invention or other work result according to Section 6.4. However, if the employee has not taken steps toward publication within one year after the notice in the notification according to Section 6.2, UiO may still acquire the invention or other work result.
An employee who has reserved the right to publish an invention may not apply for a patent without written consent from UiO (via Inven2).
8.2 Duty of confidentiality after UiO has acquired the work results
The employee must not make the invention available to others before a patent application has been submitted. If necessary, UiO (via Inven2) may require the invention to be kept confidential for a limited period after the patent application is submitted, if needed to ensure adequate patent protection.
8.3 Employee’s right to apply for a patent during the 2-month period after notification is received
The employee may, with consent from UiO (via Inven2), apply for a patent on the invention during the 2-month period following Section 6.3, provided it is necessary to secure priority over other applications.
8.4 Other actions that may limit UiO’s rights to the work results
During the 2-month period under Section 6.3, the employee may not, without written consent from UiO (via Inven2), take any actions that could reduce the potential for commercial exploitation, such as entering into agreements with others regarding the use of the work results.
8.5 Disclosure and utilization if UiO do not acquire the rights to the work results
If UiO (via Inven2) does not acquire the rights to the work results within the 2-month period under Section 6.3, the employee is free to publish and otherwise use the work results, as long as this does not conflict with obligations to third parties or other obligations to UiO as an employer.
8.6 Special rules for computer programs – open source code
An employee who has created a computer program may demand that it be licensed only as “open source,” meaning the source code must be openly available, and any modifications distributed to others must also be openly available. However, if the computer program includes an invention, the employee is still obligated to keep the source code confidential under the rules in Sections 8.2 and 8.4.
The employee may not demand open-source licensing if it would conflict with third-party rights.
9. Termination of project and reversion of rights
Inven2 reverts the rights to the employee’s institute. After reversion, the institute is free to exploit the work results or to transfer the rights to the employee, who may then exploit the work results themselves or through others, to the extent this does not conflict with third-party obligations or the employee’s other obligations to UiO as employer.
The formal decision to revert work results is made by the head of unit at UiO. If the head of unit determines that the invention should be reverted to the employee, it is the head of unit’s responsibility to ensure that UiO enters into an agreement with the employee regulating the reversion, including matters related to the secondary employment regulations, etc.
Reversion of rights to the employee must always be done in a way that ensures UiO retains the ability to use the results for future research and teaching.
10. Dispute concerning rights or revenue distribution
Disputes between UiO and the employee related to the Acquisition Agreement shall be sought resolved through negotiations. . If the parties do not reach an agreement, either party may bring disputes concerning inventions before the Mediation Board for Employee Inventions. The parties may agree that the board shall function as a court of arbitration pursuant to Section 13 of the Employee Inventions Act. Furthermore, the provisions of Act relating to mediation and procedure in civil disputes (The Dispute Act) apply.
Disputes between UiO and the employee can also be brought before UiO's IPR Committee. The Committee has a composition that ensures independence towards both UiO and the employee. The Committee issues an advisory opinion on the case, based on UiO's adopted rights policy.
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Related policies
IPR policy at the University of Oslo
Objectives and framework for ownership and management of intellectual property rights