Frequently asked questions

1. How long will it take to commercialise my research?

The commercialisation process can be long. The time between making a disclosure to the university commercialisation office to selling shares in the company marketing your innovation may range from 10 to fifteen years. While some stages of the process can happen very quickly – for instance a provisional patent can be secured within a fortnight – delays and hold-ups should be expected in most stages. (Even when investors seem very keen, the negotiations and contract variations can draw out over six to 12 months.)

Researchers should expect delays in securing funding and anticipate the need for ongoing research and development of their innovation. In particular, expect there to be frustrating difficulties in securing funding to undertake proof-of-concept studies as this is the stage where significant number of Australian university projects with enormous commercial potential languish.

2. Is it possible for me to commercialise my research without the university's commercialisation office?

Commercialisation is a 'people' business, relying on interactions between inventors, commercialisers and industry to extract value from inventions. It is a highly skilled activity which requires professionals with a strong technical and commercial skill base, and several years experience. Researchers are often tempted to believe they can continue their research career as well as manage the commercialisation of their research. In reality, the most successful commercial outcomes are achieved when the commercialisation office and the researcher work together as a cohesive team.

3. How important is the 'market' in determining the commercial outcome of my research?

Markets are comprised of customers with the ability and willingness to purchase products or services to satisfy their needs. The market will make or break a business without sentimentality. Companies with products that don't work will fail; and where the product works but the management does not, the company will either get taken over or raise funds at a lower price. The researcher must never lose sight of the role the market will eventually play in success or failure of their innovation. For this reason, a pragmatic and realistic approach to the commercialisation process is desirable.

4. What issues typically frustrate researchers involved in the commercialisation process?

• The university's profit sharing policy
• Determining the level of involvement of other researchers in developing their innovation (and their share of any profits or joint authorship on patents)
• Ceding control to investors or commercialisation professionals
• Being involved in pitching the innovation to investors
• Being interviewed by the media to promote the research/business

Researchers should canvas these issues with their commercialisation office early in the commercialisation process.

5. If my research is successfully commercialised, am I entitled to some financial benefit?

Check with your university commercialisation office. Most Australian universities have profit sharing policies for their staff and students.

6. Can I undertake commercial collaborative research with another organisation or institution?

Yes, most universities will encourage you to do so. However, you should contact your university commercialisation office before entering into any commercial research arrangement, even if there are no formal agreements. This is important so arrangements can be made for how any future IP is handled, who will own IP, and what commercialisation rights each university will have. It is a good idea to document any collaborative arrangements that are made and confirm them with the other party in writing.

Please seek advice on the issues you should address in your discussions including project management, IP management, the cost to the investments of undertaking the collaboration and ways of managing the process which can optimise the benefit to both parties.

7. Will patenting impact on my ability to publish the results of my research?

No, generally publishing and patenting can 'co-exist'. Once you have filed for patent protection you are generally able to publish without restriction. However, it is advisable to consult with your commercialisation office before publishing anything that may become the subject of a patent application. There may be advantages in delaying publication to minimise the risk of jeopardising the patent. By doing this we achieve the dual objectives of academic publication and securing commercial returns for the university, with neither impacting on the other.

8. If I publish the results of my research or present them at a seminar, will that compromise the ability of the university to patent the invention?

If a patent application has not been filed, then publishing your research results may make it impossible to secure patent protection in the future. Patents are only granted for inventions which are not known to the public, so if you make a public disclosure of all or part of the material which would have gone in to the patent application, this may jeopardise future patenting.