Copyright on software and patents
In Dutch Patents Act 1995, states that the employer owns the rights for all inventions made by its employees. The Collective Labour Agreement for Dutch Universities states that the inventor is obliged to inform the university of his/her invention. The university is then obliged to notify the inventor if it does not intend to make use of its right to apply for patent. In such cases, the inventor will then have the right to apply for patent him/herself, obviously at his/her own expense. The university is in this case entitled to charge the employee/inventor for any laboratory costs. If the university applies for patent, the inventor has the right to fair compensation for the ‘missing out on the patent’. TU Delft has set up a compensation scheme to this end. This paragraph also applies to PhD students employed by TU Delft.
The employee at TU Delft is required to report software by the inventor portal whereafter the TU Delft Valorisation Centre looks at the inovation and its potential for exploitation, whether or not with the employee, other stakeholders and the faculty. In the case of a successful exploitation, a distribution of resources such as in the patents is used.
The TU Delft Valorisation Centre facilitates scientists with questions about intellectual property when applying for a patent and the exploitation of software.