What if the University is not interested in or does not own the invention?

If the University determines that it does not own an invention (such as when it was made outside of university duties and with only de minimus use of university facilities post-docs, research staff, or students employed by the university; and without use of gift, grant or funding in contracts received through the university), or concludes that it is not interested in patenting and licensing an invention, then the invention must be offered to the sponsor of the research (often the U.S. government). If no sponsor obligations exist then the OTL may waive title to the inventor(s), often pursuant to an agreement by which royalties are shared and/or the University's out of pocket legal expenses are recouped. If the inventors elect to patent or copyright protect the invention then they cannot use the University's resources or facilities as the vehicle for commercializing the technology, as that would constitute use of a public facility for private gain.