Who will be the owner of the patent/patent applications?

According to Paragraph 5.1 of the University’s Policy on Intellectual Property, the ownership of Intellectual Property (IP) created by staff members of the CUHK in the course of their employment and within the scope of the duties described in their contract of employment belongs to the University. Therefore, ownership depends upon the employment status of the creators of the invention and their use of CUHK facilities.

Factors to be considered include:

• The employment status of the creator at the time when the IP was created;
• Source of funding used to develop the invention;
• Pre-existing obligation from an agreement in relation to the creation of the IP.

In some cases, the terms of a Sponsored Research Agreement, Collaborative Research Agreement or Materials Transfer Agreement may affect ownership. When in doubt, it is best to call ORKTS for advice.