FAQs

Yes. As soon as information about the invention is publicly accessible (papers, preprints, conference contributions, posters, abstracts, theses, websites, social media, and the like), patent protection is generally no longer available. This also applies to your own publications. If you want to publish, there is usually no need to worry: filing a patent application typically does not delay your paper. See Invention Check.

Yes. University inventors generally receive 30% of commercialization proceeds. If there are multiple inventors, that share is divided accordingly.

On behalf of the university, we assess patentability, market potential, and commercialization options. On that basis it is decided whether filing makes sense and in which countries.

Please contact your university's technology transfer office early. They are there to support and advise you through the next steps.

Software-related inventions can be patentable if they make a technical contribution or solve a technical problem by technical means. Pure business models, mathematical methods, or software "as such" are generally not patentable. Software is also fundamentally protected by copyright.

Yes, if you intend to publish your invention. See Invention Check.

As early as possible, ideally as soon as a concrete technical solution is available. If you are unsure, contact your university's technology transfer office early for advice.

An invention is a concrete technical solution to a problem, not just an idea. Examples: a new process, a new product or device, or a new use of a known technology. See Invention Check.

A license agreement governs the use of an IP right by a third party (for example a company) in return for contractually agreed consideration (for example an upfront payment, milestone payments, or royalties).

A patent is a time-limited exclusive right (typically 20 years) that protects your invention against imitators, can help bring your research into practice, and may generate revenue you can share in. It can also strengthen your position when seeking third-party funding and research projects. Without a patent, once your results are published they are free for anyone to use.

Know-how is unpublished, confidential practical knowledge, for example about parameters, workflows, or optimizations. It is often an important part of commercialization.

Your university provides forms for this. They typically include: title and a description of the core of the invention, names of the inventors and their shares, planned or completed publications, and partners involved (companies, other institutes). See Invention Disclosure Guide.

After disclosure, the usual next steps are review, the decision on patent filing, and development of a commercialization strategy.

Inventions related to your official duties generally belong to the employer or, in a university context, to the employing institution.

An inventor is anyone who made a substantive contribution to the technical solution. Someone who, for example, only carried out laboratory work under instruction is generally not considered an inventor.

An invention disclosure summarizes the essential information about an invention. It forms the basis for assessing patentability and commercialization potential.

As a rule, the university bears the costs if the invention is assessed as patentable and commercially relevant.

The assessment usually takes a few weeks, depending on complexity and timing requirements.

It typically covers drafting and filing the priority-establishing patent application, ongoing support through examination, and subsequent follow-on filings. See Patenting Process Guide.

On behalf of the universities, we assess benefit, market potential, competition, costs, and potential commercialization partners. The appropriate strategy is then defined on that basis.

Your first point of contact is usually your university’s startup or technology transfer office. It supports and advises you through the next steps.

Support as part of technology transfer is generally free of charge for inventors and founding teams connected to our partner universities. Costs may arise, for example, from external services such as law firms or expert opinions, or from certain separately agreed services. We always discuss potential costs transparently in advance before anything is initiated.

License terms are negotiated individually based on technology, market, maturity, and business model. Typical elements include upfront payments, running royalties, and milestone payments, as well as arrangements for past or future patent and maintenance costs. Virtual equity models can often be agreed as an offset for certain payments. For early-stage startups, terms are usually structured in a startup-appropriate way, for example by weighting later, success-based payments more heavily and by reflecting the financing and development plan.

There are no flat rates. Terms are negotiated based on the technology and application. Common elements include one-time payments (for example, an upfront fee), reimbursement of incurred patent costs (or a shared cost arrangement), running royalties (for example, a percentage of revenue or a per-unit royalty), and, where applicable, milestone payments upon reaching defined development or regulatory steps. We structure models to reflect the development path and market potential of each technology.

We support you on substance wherever IP matters, for example framing the IP position in your pitch deck or formulating IP strategies in grant applications.

As the shared technology transfer organization of universities and universities of applied sciences in Bavaria, BAYPAT gives you a single entry point to a broad and diverse IP portfolio. You benefit from clear contacts, established processes for IP and licensing, and our experience working with industry partners from startups and SMEs to large corporations.

The university can mandate BAYPAT to patent and commercialize the IP. The path into your startup usually looks like this: together with you and your university, we assess the invention and shape a suitable IP strategy. BAYPAT negotiates a license agreement with your (planned) startup that governs your access to the IP. The terms reflect both university policy and the realities of an early-stage startup. That way you can build your business model on a clearly defined, legally sound IP foundation.

Joint inventions are common in the university setting. In those cases, we work with the institutions involved to review the IP situation and align the patent and licensing strategy among the partners.

Typical pitfalls include clarifying IP ownership too late, failing to align IP strategy with the business model, and securing access to needed IP too late. We help you spot and avoid these risks early.

The prerequisite is that your university has mandated BAYPAT to manage the technology underlying your spin-out idea. In that case, we are responsible for the patent strategy and patent filing for the technology. We also support you, for example, in assessing the IP position for your business model and preparing for IP questions in investor conversations. We are also your experienced contact and negotiation partner for granting the usage rights your startup needs.

Besides classic licenses, options include option agreements, R&D licenses, and IP assignment agreements (with license-like features). For joint development projects, industry-sponsored research, and similar setups, the university is your primary contact. BAYPAT works closely with the respective universities, focuses on the IP portion of such contracts, and helps you choose the right agreement type.

Our technology offers usually include a status note and contact details. If you are interested in a specific technology, get in touch with us directly.

Either through the published technology offers or by contacting us directly with your search profile.

The process typically covers inquiry, assessment, model design, and contract closing.

Confidential information is typically protected through a nondisclosure agreement (NDA/CDA).