I am thinking of doing independent research for firms or organization. Other than propitiatory information the organization might identify, who owns the results of the research? In the US, I would probably have to spell it out in my contract to ensure I could then sell or use any data I might have collected, but my analysis and results would be mine. Is this true? Is this true outside of the US?
You could try to specify ownership of your research results in your contract, but most universities in the US and Canada have their own intellectual property policies that may restrict your claims.
I would advise you to ask someone- the VP for Research or Provost (or similarly ranked official in the ccompany you are negotiating with) what your ownership rights will be with that organization. Intellectual property rights are remarkably varied across institutions.
Virginia,
The contract to which you agree to either with a firm or an institution will determine who will be eligible to patent and own the data, if it is patentable.
If you were granted ownership of the patent and you were interested in seeking protection Internationally, I would recommend researching The Patent Cooperation Treaty which assists applicants in seeking patent protection internationally for their inventions, helps patent Offices with their patent granting decisions, and facilitates public access to a wealth of technical information relating to those inventions. By filing one international patent application under the PCT, applicants can simultaneously seek protection for an invention in 148 countries throughout the world.
Below I have attached a link to the World Intellectual Property Organization. The site contains a wealth of information in which you may find useful in your future conducting research. For free, you can register with the website and take an online seminar (e-learning center/distant learning) which instructs on the current policies & regulations associated with IP. If you are willing, I would be interested to hear about what type of research you were thinking about conducting, feel free to reach out to me if you are. I wish you the best of luck in your future endeavors.
Sincerely,
Lars Lafferty
http://www.wipo.int/portal/en/
I've done independent research for health care organizations who have paid me to conduct research. I specify in my contract with them that I have the right to publish and present at conferences the results of the study. I agree to use or not use the name of the facility depending upon the wishes of the organization and the names of any patients are kept confidential.
In addition I have done research projects as an independent contractor where I have been given access for research purposes approved by an IRB to health care data in an institution. I've been the one who initiated the study and are not being paid. Those contracts specify all data maintains patients confidentiality and anonymity when possible. In that case, since I am not working for anyone, academic institution or healthcare institution, who is paying me, I own the results.
I agree the contract can be written regarding use of the data. However, when you are being paid, either by a health care organization, an academic institution or even a granting agency, they often will have some ownership of the data and results of the study.
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