Rhodes University Logo
Rhodes > Research > Research > Policies and Practices > Patents

Patents

The following are the Universities patent regulations to your attention.

TEACHING STAFF

9.7.1 Subject to the provisions of paragraphs 9.7.2, the rights in any discovery or invention or in any improvement in respect of any process, apparatus or machine made by a staff member shall vest in such staff member, who shall be entitled to apply for a patent in respect of such discovery, invention or improvement. The staff member shall report such discovery, invention or improvement in writing to the Registrar.
9.7.2 The provisions of paragraph 9.7.1 shall be subject to the terms and conditions of such grant, bursary or support as the University or the Research Unit, Research Institute, Research Group or Research Programme of the University or the staff member, as the case may be, may have received or been awarded by an statutory, public or private body or firm in respect of the research or project from which the discovery or invention arose.

RESEARCH STAFF

9.7.3 Subject to the provisions of sub-paragraph 9.7.7 and 9.7.8, the rights in any discovery or invention or in any improvement in respect of any process, apparatus or machine made by a staff member shall vest in the University and the Council may make such discovery, invention or improvement available for use in the public interest subject to such conditions and the payment of such fees or royalties as the Council may determine.
9.7.4 The staff member shall immediately after it has been made, report such discovery, invention or improvement, whether patentable or not, in writing to the Vice-Principal, who shall then notify the Registrar thereof in writing
9.7.5 If the rights in any discovery, invention or improvement are in terms of sub-paragraph 9.7.3 of this paragraph vested in the Council, the Council may award to the staff member such bonus or make provision for financial participation by the staff member in any profits derived from the exploitation of such discovery or invention to such extent as the Council may in its discretion determine.
9.7.6 The University may apply for a patent in respect of such discovery, invention or improvement.
9.7.7 The provisions of this paragraph shall not apply in respect of a discovery, invention or improvement referred to in sub-paragraph 9.7.3 of this paragraph which, in the opinion of Council, was made by the staff member otherwise than in the course of his/her employment with the University.
9.7.8 The provisions of this paragraph shall be subject to the terms and conditions of such grant, bursary or support as the University or the staff member, as the case may be, may have received or been awarded by any statutory, public or private body, person or firm in respect of the research project from which the discovery or invention arose.

NON-ACADEMIC STAFF

9.7.9 Subject to the provisions of sub-paragraph 9.7.13 and 9.7.14, the rights in any discovery or invention or in any improvement in respect of any process, apparatus or machine made by a staff member shall vest in the University and the Council may make such discovery, invention or improvement available for use in the public interest subject to such conditions and the payment of such fees or royalties as the Council may determine.
9.7.10 The staff member shall immediately after it has been made, report such discovery, invention or improvement, whether patentable or not, in writing to the Registrar (Finance), who shall then notify the Registrar thereof in writing
9.7.11 If the rights in any discovery, invention or improvement are in terms of sub-paragraph 9.7.9 of this paragraph vested in the Council, the Council may award to the staff member such bonus or make provision for financial participation by the staff member in any profits derived from the exploitation of such discovery or invention to such extent as the Council may in its discretion determine.
9.7.12 The University may apply for a patent in respect of such discovery, invention or improvement.
9.7.13 The provisions of this paragraph shall not apply in respect of a discovery, invention or improvement referred to in sub-paragraph 9.7.9 of this paragraph which, in the opinion of Council, was made by the staff member otherwise than in the course of his/her employment with the University.
9.7.14 The provisions of this paragraph shall be subject to the terms and conditions of such grant, bursary or support as the University or the staff member, as the case may be, may have received or been awarded by any statutory, public or private body, person or firm in respect of the research project from which the discovery or invention arose.

Last Modified :Fri, 26 May 2017 13:06:05 SAST