Frequently Asked Questions

Knowledge transfer is the process by which research knowledge is transferred from the University to society. At the University of Ljubljana, the Knowledge Transfer Office (KTO) deals with this process. The process includes:

• disclosure and acquisition of an invention or other intellectual property,
• legal protection of intellectual property,
• development and commercialization.

Your involvement is crucial for the success of the knowledge transfer process. You can help by:

• Contacting the Knowledge Transfer Office (KTO) early on – we can assist you in identifying intellectual property worth protecting and commercializing.
• Not disclosing your research achievements before filing a patent application.
• Involving the KTO in discussions when talking about inventions with third parties – do not discuss your achievements without a non-disclosure agreement.
• Understanding that the patent protection process can take several years.
• Understanding that marketing intellectual property is not a one-way process.
• Promptly informing the KTO about upcoming publications and contacts related to your intellectual property.
• Including the KTO in the preparation of contracts for projects where potential intellectual property may be generated.

Each invention is assigned a case administrator who works with the inventors on the next steps. This includes other Office staff, external mentors and experts (e.g. a patent attorney) as necessary.

It is important that the inventor cooperates with the Knowledge Transfer Office, assists with additional explanations and descriptions, and clearly expresses his/her intention and goal for the future management of the invention (whether the inventor wants to continue to be actively involved in bringing the invention to the market or is considering a self-entrepreneurial path, etc.).

The Office together with the inventors decides on protection and marketing.

Research achievements and findings only become medicines, groundbreaking technological solutions, and products that change the world when they leave the laboratories and reach users and the market.

Collaborating with companies (and other stakeholders) provides you with contacts and access to people, resources, and processes crucial for:

• Applying research in practice,
• Keeping your teaching and research work up-to-date,
• Gaining new ideas and challenges directly from society,
• Influencing public opinion and policy,
• Attracting top talent.

The University of Ljubljana, through the Knowledge Transfer Office, encourages and assists in collaboration with industry. Such collaboration not only impacts society but also improves the economic position of the University and its members. This results in better research equipment, greater recognition of researchers and the University in society, more stable development, and ultimately, the attraction of promising students and staff.

A service invention is determined by the circumstances in which it is created:

• it is created by an inventor during their employment relationship with the University of Ljubljana in the course of fulfilling their employment contract, i.e. in the course of completing assignments required by the University or based on a special contract entered into by the inventor and the University of Ljubljana or a University member (direct service invention);
• it is created in the course of performing one’s job if the creation of the invention was mainly contributed to by the experience the inventor gained at a workplace or by using the resources made available to them by the University (indirect service invention).

The inventor is the person who, through their intellectual contribution, created the invention or, together with other co-inventors, contributed to its creation. The applicant is the person listed in the patent application and who, upon successful registration of the patent, becomes the holder of the patent rights.

The inventor can be the patent applicant, but this is not necessarily the case. This is particularly not true for employee inventions, where the employer (e.g., the University of Ljubljana) has acquired the rights to the invention, and in other cases where ownership of the invention rights is arranged differently by law or special agreement. A patent can be granted in the name of a person who is not the inventor if that person holds the rights to the patent (e.g., the University as the employer of the inventor or another person, such as an investor who financially contributed to the creation of the invention, based on a special agreement).

Based on (1) the completed Invention/Know-how/Software Disclosure Form, the Knowledge Transfer Office prepares (2) an assessment of the invention’s potential both from the aspect of legal protection by means of industrial property rights as well as its market potential. The invention is then (3) expertly evaluated by the faculty and, if it so decides, by an external expert from the relevant field. This is followed by (4) a discussion of the University of Ljubljana’s Innovation Committee. If the invention shows potential, (5) the Rector issues a decision on the acquisition of the invention.

The procedure is described in more detail in Rules on the management of industrial property rights at UL.

The invention has to be notified to the University of Ljubljana (Knowledge Transfer Office) via the Invention/Know-how/Software/Social innovation application form:

• employees, if the intellectual property was created in the performance of the duties of the employment or was mainly due to experience gained at the UL,

• students, if it is the result of their work in the performance of their studies at the University of Ljubljana or if they have used University of Ljubljana resources in this connection,

• persons who have another contractual relationship with the UL (e.g. guest teachers, project collaborators, etc.), if the industrial property is the result of their contractual work or if they have used the resources of the University in the creation of the invention or other industrial property.

If the invention was created as a result of your work at the University of Ljubljana or if you have used University of Ljubljana resources in the development of the invention (e.g. laboratory equipment, materials, etc.), the University of Ljubljana Knowledge Transfer Office has to be informed of the invention. If you are in any doubt as to whether or not it is a potential innovation, please consult the Knowledge Transfer Office or the Knowledge Transfer Ambassadors.

If you want to protect your invention with a patent, you should first try to evaluate it yourself, taking into account all the conditions for obtaining this right. A patent is granted for an invention in any field of technology, which must be new, inventive and capable of industrial application.

From this definition, there are four basic elements that must be met in order to obtain a patent:

• the invention is in the field of technology,
• novelty,
• inventiveness,
• industrial applicability.

The novelty of an invention is an important criterion in the patenting process. An invention is new if it is not included in the state of the art. The prior art includes anything which, prior to the filing date of the patent application, was available to the public by oral or written description, by use or otherwise. The prior art also includes the contents of applications filed before the filing date of your or our patent application. Therefore: first come, first served!

It is useful to check what is new by searching various databases:: 

• patents: EspaceNet. How to search the patent databases (instructions)? 

• designs: DesignView. How to search the design databases (instructions)? 

• trademarks: TMView. How to search the trademark databases (instructions)? 

• other databases: Google Scholar, Google Patents, Linknovate …

Public disclosure includes all situations where the public is present in one way or another, in smaller or larger numbers, and becomes aware of your invention or innovation, e.g.: the defence of theses, dissertations or doctoral theses, the publication of articles and other publications, presentations at conferences, seminars or trade fairs, discussions or negotiations with potential business partners or investors, etc. The inventor(s) and/or the applicant(s) themselves must be vigilant and diligent in protecting their innovation as confidential until they file a patent application. Premature disclosure to the public may jeopardise or even prevent the patent from being obtained, often due to the carelessness of the inventor or the applicant themselves. If you are in doubt whether something constitutes a public disclosure and you have not yet filed an application, you should consult the Office. Filing an invention/invention does NOT constitute a disclosure to the public, nor does it give the invention legal protection.

No. First get legal protection (file a patent application), then publish your invention. Filing a patent application does not prevent you from publishing and/or commercialising your invention, but publication before filing a patent application prevents a patent from being granted. The timing is therefore important for patent eligibility.

No. Publication and patenting are fully compatible if the patent application is filed before the publication of the article or any other form of public disclosure.

Completing and submitting the invention/know-how/computer program application form does not mean that your invention is now legally protected or that a patent application has been filed. The form is only a disclosure of the invention to the Knowledge Transfer Office.

• Also refer to the question "Who provides legal protection for the invention/innovation?

The defending and publication of the thesis are considered as public disclosure. It is therefore important to take legal precautions to protect your invention before defending your thesis. In such cases, it is advisable to inform the Office as soon as possible so that the Office can arrange for legal protection in good time. If this cannot be ensured, it is exceptionally possible to apply for temporary inaccessibility of the thesis in accordance with the Rules on Similarity Checking and Temporary Inaccessibility of Content.

The procedures for obtaining legal protection and maintaining industrial property rights are managed by the Knowledge Transfer Office of the University of Ljubljana in cooperation with the inventors and the Member. Upon receipt of the invention application form, the Knowledge Transfer Office invites the inventors to a meeting where all parties discuss the invention, its commercial potential and the advisability of appropriate patent protection and jointly agree on the appropriate legal protection;

After acceptance, the Knowledge Transfer Office initiates the patenting process. It first identifies a suitable patent attorney and then, in cooperation with the inventor, prepares the patent application with the selected patent attorney and arranges for filing with the desired patent office.

When deciding where it is important to protect an invention with a patent - whether it is only in Slovenia or (also) in foreign countries - we start from the so-called territoriality principle: a patent is valid only in the countries where it was granted. When preparing a strategy for the legal protection of your invention, it is therefore important to assess in which countries or regions your innovation would achieve the greatest market success. There, it should be protected first.

A patent is usually granted after 3-5 years.

A patent application is a complex document that requires specific legal as well as technical expertise, which is why it is prepared in collaboration with a patent attorney. The inventor prepares the description of the invention and the patent claims are drafted by the patent agent. All communication and arrangements with the patent agent are managed by the Knowledge Transfer Office.

In patent applications concerning the University's official inventions, the University is listed as the applicant (and not individual members of the University), while the inventors who contributed to the invention are always listed in the patent application (including those who are not employed by the University).

One of the objectives of the Knowledge Transfer Office is to find a suitable business partner who will make appropriate commercial use of the inventions or innovations created at the University of Ljubljana and thus create added value - for the invention, for his/her company and for the market.

Cooperation between the Knowledge Transfer Office and the inventors is also essential in this phase of invention management. It will also be easier to find a suitable business partner through inventors' connections in academia and business. It should be noted that finding a suitable partner is not a simple and quick process, as it can sometimes take several months or even years, depending on the state of the market and the willingness of companies to invest. It is therefore necessary to remain patient, persistent and determined.

Business partners can be acquired through various means and with different resources, such as:

• preparing and distributing promotional materials;
• preparing presentations and "pitches" to potential partners and investors;
• preparing technology offers;
• directly seeking partners in the industry, at conferences, trade fairs, through B2B and R2B meetings;
• publishing research/inventions on our website.

"Freedom to Operate, or FTO for short, is an analysis of the ability to use one's own patent without infringing the patent rights of others. FTO involves searching patent databases to check whether our product, process or service infringes any of the patents already granted or any patent application pending;

Through FTO we check whether there are potential barriers to commercialisation of the product or technology. The findings clarify the reality of the technology we are seeking to commercialise or test. This prevents or at least reduces the risk of infringing third party intellectual property. The FTO is therefore useful when designing the final product, as it allows us to take advantage of our own patent, while making sure that the product is designed in such a way that it does not interfere with the scope of other patents.

• legal protection of intellectual property,

• helping to identify opportunities for the development and commercialisation of intellectual property

• promoting entrepreneurship and regulating the conditions for enterprising researchers,

• managing relationships and contracts (e.g. spin-off consent, licensing agreement, etc.),

• connecting with industry,

• integrating with LUI and other support environments.

The Ljubljana University Incubator (LUI) is a support point for innovative ideas and startups looking for help in developing their business idea, as well as for individuals with technological innovations from academia or research who need support in commercialising their invention. At LUI, you can get mentoring, expertise and help to connect with corporations and potential investors. You are further guided and helped to get involved in various European programmes such as EIT Health, EIT Urban Mobility, EIT Raw Materials, Digivitality in DeepTech Alliance, which give you access to specialised entrepreneurial skills, financial resources and networking at international level.

A license agreement represents permission for the commercial exploitation of the licensed subject matter by a third party who is not otherwise entitled to it. The rights holder - licensor - continues to be the owner, but grants the other party (licensee) only the right to use the subject matter of the licensing agreement. The scope of this permission is determined by the parties through negotiations and ultimately in the contract itself. The subject matter of a licensing agreement can include industrial property rights (patent, trademark, design), applications for these rights (e.g., patent application), software (computer program), and know-how.

Transfer of intellectual property rights, where the ownership of industrial property rights or proprietary rights over knowledge/technology is transferred to another party, is characteristic to another type of contracts. A typical transfer of rights contract is the assignment contract. The contracting parties are the transferor (e.g. the assignor) and the acquirer (e.g. the assignee or buyer), who becomes the new rights owner or the owner of another subject of the transfer contract. The parties often conclude a so-called reverse license agreement, whereby the previous owner (the transferor or assignor/seller) maintains the right to use the subject of the contract.

Generally, the University uses this type of contract when it does not intend to market the knowledge, i.e. the right, on its own, using its own channels and means. Furthermore, this type of transfer provides an immediate financial return to the University. Following a successful contractual transfer of rights or knowledge, the new owner is registered at the Intellectual Property or Patent Office, when this is required by law.

Licensing revenues or revenues from the transfer (assignment) of intellectual property rights (innovation income) are used first to cover the costs of intellectual property protection (e.g. patent application fee, cost of patent representative services). The rest is distributed among inventors, the member, and the University, as follows: 10–30% University, 30–50% University member, and 40% inventor(s). The University allocates a share of its revenue to the development and expansion of activities related to the transfer of the University’s knowledge to the business sector.

When several partners or inventors, employed at different institutions or organisations, contribute to the creation of an invention, the participating partners or institutions (as employers) enter into a joint invention agreement. Such an agreement is usually concluded at the end of a project. Its central element is the agreement on the joint ownership of the invention.

The agreement parties lay out at least the following key terms of their partnership:

• ownership shares (individual shares are determined with respect to material, financial, and innovative contributions of each partner) and the intellectual property rights revenue sharing ratio;
• the mode and scope of legal protection (types of legal protection, geographical scope of protection);
• nominating a partner who will coordinate and manage legal protection procedures, sharing of costs related to protecting and exercising intellectual property rights;
• rights to exploit the invention (i.e. further development, sale, or licensing).

We use the term "spin-out or spin-off" to refer to a new company created as a result of research work within the University. This new entity "spins out" or "spins off" from the University (usually a laboratory or research group) in order to market and commercialise the technology, products or services that have been developed as part of the research project and have outgrown the research institution. A spin-out company exploits intellectual property owned by the University (e.g. patent, know-how, etc.) and is set up by one or more employees of the University. For the purpose of commercialising the intellectual property, the spin-out company obtains a licence agreement (or sale) to exploit the intellectual property rights. The company then seeks other employees, investments and strategic partners to grow and develop in the market;

The purpose of a spin-out company is to increase the economic value of research achievements and to stimulate innovation and economic growth.

Employees setting up a company must first obtain the University's consent, and the new company must obtain permission to use the University's knowledge by signing a licence agreement or an intellectual property rights transfer agreement.

Yes. If you intend to set up a spin-out company, you will need to obtain the consent of the University and the Member at which you are working through the Knowledge Transfer Office. The consent process starts with the completion of the form for the establishment of a spin-out company;
The University and the Member will give their consent to the establishment of a spin-out company if the activity to be carried out by the spin-out company does not constitute competition for the University.

Read more about avoiding conflicts of interest and conditions for working outside the UL.

The University is an established and respected partner to business. Together we develop new products and services and improve existing ones. In doing so, we increase the added value of the economy. This can be done in different ways:

• contract research,

• long-term and breakthrough joint research,

• purchase or licensing of existing intellectual property, 

• joint development of prototypes and pilots,

• participation in national and European projects,

• collaboration on final theses,

• and other consultations, workshops, expert opinions, analyses, use of research infrastructure.

We will help you find solutions to your company's challenges. We connect you with the right matches - researchers with potential solutions - and organize individual meetings with researchers. Confidentiality conditions are respected!

Contact us at: gospodarstvo@uni-lj.si.

Yes - students are required to declare an invention if it is the result of their work in the course of their studies at the University of Ljubljana or if they have used University of Ljubljana funds in the course of their studies.