Trier University of Applied Sciences engages in applied research and development and takes pride in its innovative potential. University research results and technologies provide new insights with economic value. The explicit goal of Trier University of Applied Sciences is to foster an innovative spirit, protect its results, and exploit them financially. Cooperation with external partners from science and industry is to be strengthened through the targeted handling of research results. This patent commercialization strategy aims to create transparent frameworks for handling intellectual property, balancing the interests of all stakeholders.

The patent commercialization strategy of Trier University of Applied Sciences is defined by the following objectives:

• Establishing a culture of innovation at Trier University of Applied Sciences,
• Effectively utilizing the knowledge of the university for societal benefit,
• Promoting spin-offs and start-ups based on research results,
• Protecting innovative knowledge and innovation potential,
• Enhancing the university’s reputation and improving international visibility,
• Generating revenue from intellectual property utilization to fund further research.

Trier University of Applied Sciences strives to register patents for inventions by its researchers, including those from cooperative projects. In cooperative projects, each partner generally retains the work results created by their personnel. If one partner intends to commercialize results, Trier University of Applied Sciences can offer them an option or preemption right for the intellectual property at standard market conditions. This also applies to prior rights contributed by the university. Relevant provisions should be included in cooperation agreements, and funding guidelines of third-party sponsors must be observed.

The university seeks to inform students involved in semester projects with external partners about their intellectual property rights for potential commercialization. For application-oriented semester projects, students retain the choice to pursue a “free project.”

Thus, the patent commercialization strategy addresses:

• All members of Trier University of Applied Sciences, and
• External cooperation partners.

Principles:

• Trier University of Applied Sciences upholds academic freedom. Its research spans basic and applied sciences.
• Freedom of publication and the use of research results in teaching are of great importance.
• Contracts restricting free academic use of research results are excluded.
• Publication obligations in theses/dissertations must be respected.
• Patent commercialization, such as licensing, must adhere to market conditions (aligned with the EU framework for state aid promoting research and innovation).

To achieve the above goals, Trier University of Applied Sciences plans the following measures, particularly incentive creation:

• Fostering a patent-friendly university culture,
• Establishing a central contact point for patent-related queries,
• Informing, raising awareness, and advising researchers on commercialization opportunities,
• Recognizing patent applications in performance reviews, such as salary adjustments,
• Reducing teaching loads in recognition of patent activities,
• Publicizing patents and initiating active commercialization efforts.

3.1 Obligation to Report

Under § 5 of the Employee Invention Act (ArbNErfG), employees must report inventions to their employer promptly, separately, and in written form, specifying that it concerns an invention disclosure. Reports should be submitted to the Office of the President, addressed to the Vice President for Research.

3.2 Collaboration with a Patent Commercialization Agency (PVA)

Trier University of Applied Sciences collaborates with a chosen Patent Commercialization Agency for patent registration and utilization. After receiving an invention disclosure, the university, together with the PVA, assesses patentability and commercialization prospects.

3.3 Decision on Claiming Inventions

The university typically claims promising inventions by its researchers. Releases of inventions are decided by the university leadership. Reasons for release may include low commercial potential, disproportionate patenting costs, or limited chances of patent approval. If claimed, the university will pursue patent registration with the PVA, bearing patenting costs and potentially using public funding. Inventor remuneration complies with the ArbNErfG (currently 30% of revenues).

If the university opts not to register or maintain a patent, it will release the invention to the inventors promptly.

3.4 Patent Commercialization

Commercialization may occur through licensing, sales, or spin-offs. Market-based fees should be negotiated, ensuring fair compensation for rights holders. The focus is on sustainable collaboration rather than short-term gains. Commercialization activities should commence soon after patent registration, preserving the university's freedom of action and respecting inventors’ rights (§42(3), ArbNErfG).

Trier University of Applied Sciences supports spin-offs to create innovative jobs regionally. University patents are also leveraged to facilitate spin-offs. Plans by faculty members for spin-offs based on inventions will be prioritized in the strategy, provided a viable business model exists.

Special cases are handled individually, in consultation with the PVA. Patent registration of software in Germany is challenging. Trier University of Applied Sciences treats software utilization analogously to inventions. Although software developers lack remuneration rights under the ArbNErfG, the university aims to offer compensation in alignment with ArbNErfG principles to foster motivation.

Issued by the President of Trier University of Applied Sciences
Updated: Trier, June 2021