Intellectual Property Rights and Technology Transfer Affairs

1.   What is the definition of the attribution of intellectual property rights of R&D results belonging to this school?

A:

(1) Attribution is as defined according to the “Yuan Ze University R&D Results and Technology Transfer Administrative Measures.”

(2) R&D results are those results obtained in the research and development of scientific technology, conducted using resources from this school or from outside funding or commissions obtained through this school. These outcomes include intellectual property rights and other results. Intellectual property rights are human intellectual property protected by law, such as patents, copyrights, trademarks, trade secrets, professional know-how, integrated circuit layouts, computer software, and new varieties of plant seedlings.

(3) This is applicable to the results obtained through the research and development of creators using the resources of this university. Creators include faculty, other employees, and students of this school who use school resources or participate in the research projects of this school.

(4) With the exception of those with explicitly stipulated by in law or by contract, the legally acquired intellectual property rights of all of the results obtained through research and development using the resources of this school belong to the school.

(5) In light of capital and labor ratios and R&D contributions, R&D results produced by research projects delegated by or in cooperation with external organizations or enterprises wholly or partially belong to the authorizing agencies or enterprises, or for their authorized use. Related business rights should be specified in contracts.

2.   How does one apply for patents and subsidies for R&D results?

A:

(1) For the process of applying for patents, please see patent application procedures and forms.

(2) Forms that must be filled out include:

2.1 Attachment 1: Yuan Ze University invention and patent idea disclosure statement.

2.2 Attachment 3: Yuan Ze University R&D result inventors’ rights revenue allocation agreement.

(3) The above information can be found in the R&D form download area.

(4) For patent results belonging to Yuan Ze University, funding for related costs (applications, maintenance) can be applied for at the R&D department of this school. Funding methods for different types of patents are handled according to the stipulations of the “Enforcement Rules for the Yuan Ze University R&D Results and Technology Transfer Administration Measures.”

3.   Are the derivative patents of MOST programs fully subsidized?

A:

(1) For those applying for patents for R&D results derived from MOST projects, the MOST provides partial subsidization.

(2) Subsidization methods:

2.1 For those applying prior to 7/1/2011, the MOST subsidizes 80 % of the cost of each phase of patent application.

2.2 For those applying after 7/1/2011, the MOST provides subsidies in two stages. In the first stage, 40 % of costs are subsidized. The school takes on 52 % of the remaining costs, whereas the inventor takes on 8 %. After certification, the second stage of MOST subsidies can be applied for. In the second stage, 40 % is subsidized. Of the 40 % in this phase, 32 % is distributed to the school and 8 % to the inventor. That is, after patent certification, the funding borne by the inventor during the application period is returned interest-free.

(3) Subsidization methods are handled according to the regulations of the “Enforcement Rules for the Yuan Ze University R&D Results and Technology Transfer Administration Measures.”

4.   How does the office request payment from the school?

A:

(1) Information that must be attached (Republic of China patents):

1.1 “Office Payment Request Form”

1.2 “Office Receipt”

1.3 “Intellectual Property Office Receipt” (no official fees for responses)

(2) When applying for a foreign patent, the following must be attached:

2.1 “Foreign Agent Statement”

2.2 “Exchange Rate Table (Slip)”

(3) Please mail the above information to the R&D department to apply for funding.

5.   How is the technology transfer for R&D results handled?

A: (File Download: Yuan Ze University Technology Transfer Contract notes (pdf/word).

(1) Request for Proposal:

1.1 Following current methods, the use of R&D results is promoted by business sponsors or creators, and license agreements are signed in the name of the school and vendors.

1.2 If creators require assistance in the discussion process, they can contact the R&D department.

1.3 For the process of proposal requests please see: Yuan Ze University R&D Result and Technology Transfer Proposal Process and Matching Application (.pdf / word).

(2) Contract Confirmation and Review

2.1 Before contracts are given to the R&D department for review, the applicant should ensure that the provisions in the contract are consistent with the items in Attachment 6: Yuan Ze University Technology Transfer Contract Checklist (.pdf / word).

2.2 After confirmation, please send the electronic files and checklist for the technology transfer contract by email or post to the R&D department.

(3) Signing and Sealing Applications

3.1 After the content of the contract is reviewed and confirmed, the R&D department notifies on the printing of the contract.

3.2 Please print the contracts in the number stipulated within the contract and fill out Attachment 8: Seal Application Form (word), and submit them to the R&D department together.

(4) Documents That Must Be Submitted for the Signing of Contracts:

4.1 Technology transfer contract file (Word file).

4.2 Attachment 3: Yuan Ze University R&D Result Inventor’s Rights Revenue Allocation Agreement (word)

4.3 Attachment 5: Yuan Ze University R&D Result Technology Transfer Fund Allocation Table (Excel).

4.4 Please return the above electronic files to the R&D department. After confirmation that they are free of errors, please sign and submit paper versions.

(5) Vendor Payment and System Login

5.1 After both parties provide their seals, please submit the technology transfer payment check (or remittance) and the original contract to the R&D department (for payment methods, please see: Attachment 7: Vendor Payment Information (.pdf)).

5.2 After confirmation of related documents, the R&D department and the accounting office log into the system (contract information and funding receipt information) to complete the contract signing process.

5.3 Beginning in December 2011, National Tax Administration notices of technology transfer cases are to be regarded as school income. Therefore, an additional tax (5 %) should be added to the contract amount. The buyer is responsible for this tax.

5.4 After vendor payment, the school will issue a 407 payment certificate (regarded as a receipt). The R&D department can assist in sending the payment certificate, or the applicant can forward it to the vendor.

6.   Vendor Payment Methods

A:

(1) By check: Payable to Yuan Ze University

(2) Bank Remittance:

Account Name: Yuan Ze University

Bank: Far Eastern Bank (805)

Branch: Taoyuan Branch (0045)

Account Number: 00400100000272

(3) For file download please see Attachment 7: Vendor Payment Information (pdf).