Export Control

What Would You Like to Do?

 

License IP to an International Entity

Oklahoma State University Intellectual Property (IP) is often the result of Fundamental Research and is not subject to export control regulations. However, some IP is the product of Restricted Research and is subjected to export controls. Transactions related to licensing restricted IP to a foreign person/entity may implicate export controls. Related transactions include:

• Allowing foreign persons (including university personnel) to review an internal IP disclosure, where the subject technology is the product of restricted research
• Sharing Provisional and/or unpublished patent applications with a foreign person, where the subject technology is the product of restricted research
• Discussing Restricted IP with a foreign collaborator or potential licensee
• Sharing an Invention Disclosure or other IP-marketing material with a foreign person, where the subject technology is the product of restricted research
• Licensing Restricted IP to a foreign person or entity
• Licensing IP (restricted or unrestricted) to a Restricted Party
• Before sharing OSU IP with a foreign person or entity, University personnel should do the following:
  • Contact Export Control to ensure that that the proposed recipient and/or licensee is not a Restricted Party via Visual Compliance
  • Work with the Office of Technology Commercialization to ensure that the IP is properly identified and documented.
  • Determine whether the IP is the result of Restricted or Fundamental Research. The Export Control Office can assist with this determination.
  • For IP that is Restricted, determine the Jurisdiction and Classification of the technology. Contact the Export Control Office for assistance with this determination, if not already known
  • Work with the Export Control Office to verify that Restricted IP may be licensed and/or transferred to the recipient without an export license.

Researchers who license IP, including IP that is the product of Fundamental Research, must be cautious about further technology development when that technology is developed with or for a corporate licensee. Often such development is subject to restrictions on publication and is therefore Restricted Research (even if the original technology qualified as Fundamental Research). Researcher can work with the Office of Technology Commercialization and the Export Control Office to ensure that future development of the technology does not unknowingly implicate export controls.