How does the OTL evaluate software disclosures?

OTL works with the authors to determine ownership and third party rights, and to evaluate the software for commercial value and the most appropriate form of distribution and intellectual property protection. Determination of ownership and rights involves sorting out authors from other contributors, determining the employment status of the authors and contributors, establishing whether works are "works made for hire" or made through independent effort, and considering whether a work is a joint work, a compilation, a derivative work or uses pre-existing content owned by others. OTL also evaluates the commercial potential of the software and assesses whether it should be protected by patent as well as copyright. Although most software programs, like most other inventions, can be the subject of a patent application, the question for each invention and software program is whether patenting is the most appropriate form of intellectual property protection. The University usually doesn't seek patent protection for software unless a research sponsor requests patent protection; however, software that is potentially patentable often must be reported to the sponsor (including federal sponsors) as an invention under the terms of the sponsorship agreement. Inventions and discoveries, including computer software, made in the course of research sponsored by federal agencies, industry or other sponsors generally must be promptly reported to the sponsor. OTL also fulfills any notification requirements that are revealed during the evaluation process.