acib’s core competence lies in applied basic research and its targeted transformation function. We see ourselves as active architects of the transition from academic excellence to industrial maturity. Our partnership-based approach stems from a deep understanding of economic realities: we recognise the fundamental importance of intellectual property for our industrial partners. For start-ups and SMEs in particular, IP is often the most valuable asset, securing investment and enabling market entry in the first place.
art-ups und KMU ist IP oft das wertvollste Asset, das Investitionen absichert und den Markteintritt erst ermöglicht
To fulfil this bridging role efficiently, acib pursues a commercialisation-oriented and partner-centred IP strategy. Unlike many other research institutions, maintaining our own patent portfolio or building up strategic in-house IP is neither an end in itself nor a strategic goal for acib. We do not measure our success by the number of our own patents, but by the economic and societal impact achieved by our partners.
At the same time, we ensure that the requirements of the EU Research Framework (Union Framework for State Aid)are fully met. In the spirit of “effective collaboration”, the allocation of intellectual property rights is based on the principle that results are allocated to the participating partners in accordance with their respective interests, work packages and contributions. Through fair remuneration models and market-based revenue sharing, we ensure that the research work carried out is properly compensated.
The strategic rationale: trust, speed and demarcation
Our IP philosophy is based on the principle of neutrality as an anchor of trust. By refraining from acting as an IP holder ourselves, we avoid potential conflicts of interest and do not compete with industry patent departments or university technology transfer offices (TTOs). This neutrality enables us to act as an “honest broker” in complex multi-firm consortium projects. We facilitate the process of IP demarcation between partners using clear structures to ensure viable contracts are in place even before the project starts, protecting individual trade secrets whilst enabling synergies.
Furthermore, this focus enhances our resource efficiency: as we concentrate consistently on research rather than on building up a cost-intensive portfolio management system, we ensure that public and private funding flows directly into scientific innovation. We invest in minds and laboratories rather than in the administration of complex patent families. At the same time, we safeguard “freedom to operate” for science. We ensure that IP regulations do not hinder academic freedom of publication and further research at universities, but rather promote them.
Holistic IP Management: Two Pillars of Value Creation
In modern biotechnology, a narrow focus on patents is no longer appropriate. The acib masters the entire spectrum of IP protection and makes a precise distinction between two key pillars:
- Patents and inventions: This concerns protectable “foreground” that meets the criteria of novelty and inventive step. Patents offer strong, time-limited protection against public disclosure. acib identifies these opportunities at an early stage and prepares them for transfer to the partner.
- Trade secrets: Many assets critical to competitiveness – such as specific process parameters, media optimisations or screening algorithms – are not patentable or are intended to be kept secret for strategic reasons. acib regards this know-how as an IP asset of equal value. We have processes in place to precisely define such results as a “reportable conglomerate”, to document them and to manage them in a legally secure manner in accordance with the UWG and the EU Trade Secrets Directive. This also serves to actively safeguard our partners’ freedom to operate.
Knowledge of a secret does not constitute a right of use A central tenet of our philosophy is the distinction between knowledge and control:
- The status of a holder of confidential information: Within the framework of close collaboration, partners inevitably become “co-knowers” or holders of confidential information. This disclosure is necessary for the progress of the project, but does not confer any automatic right of use.
- Ownership requires transfer: Knowledge of a result must be strictly separated from ownership in legal terms. Only through the explicit granting of “access rights” or the formal transfer of ownership does a partner acquire the authority to exploit the result commercially.
- Protection of assets: Through appropriate confidentiality measures, acib ensures that trade secrets remain protected throughout the entire project duration, so that they represent an exclusive economic value for the industrial partner following transfer.
Exploitation models and remuneration logic
Distinction between research services and exploitation rights A key aspect of our collaboration is the clear separation between remuneration for a scientific service and the acquisition of exclusive exploitation rights. This applies equally to patents and trade secrets. The standard fees for contract research generally include only the right to use the results obtained for one’s own purposes. The right to exclusivity – the legally protected exclusion of third parties from the use of a patent or a trade secret – represents a separate economic value that is priced separately.
This differentiated pricing is a decisive advantage for our partners: it enables genuine risk-sharing. If exploitation rights and exclusivity were priced in at a flat rate in advance, project costs would be many times higher. Our model allows partners to pay the full value of exclusivity only once the scientific risk has been reduced.
- Transfer of ownership vs. licensing: acib prefers the direct transfer of ownership rights (assignment). To offer the partner the greatest possible freedom and strategic flexibility, this transfer of invention rights or ownership of trade secrets usually takes place at a very early stage – in the case of patents, ideally before any application is filed. This enables the partner to independently manage the intellectual property or confidentiality strategy from the outset.
- Flexibility in IP management and safeguarding know-how: In multi-firm projects, acib can file patent applications in its own name or act as a trustee for trade secrets. This allows us, as a neutral party, to define complex IP boundaries between the partners and to design flexible contractual solutions before a final allocation of ownership takes place.
- The remuneration model: Our market-based remuneration consists of a base fee (covering upfront costs, the knowledge base, the professional preparation of trade secrets and compliance) as well as performance-related components (milestone payments, royalties or ‘high-flyer’ clauses).
- Risk sharing (science vs. market): acib is committed to sharing the scientific risk with its partners. We invest our scientific excellence in projects with an uncertain outcome. This must be strictly distinguished from the market risk, which remains with the industrial partner. The principle here is: Risk comes at a cost. The more the risk is shifted to acib, the higher the total remuneration will be in the event of success.
- Responsible use of funding: We are committed to the principle of additionality. Public funds should enable research that would not be feasible without this support due to a lack of private investment – they must never substitute private R&D budgets. We prevent a one-sided “socialisation of costs alongside a privatisation of profits” by ensuring that economic success flows back proportionally to the research system to finance future innovations.
In summary, these principles ensure that IP exploitation at acib acts as a dynamic enabler that reconciles economic incentives with fairness under state aid law. This foundation underpins the operational integration into our specific programme tracks.
Operational implementation: Structured cooperation and tailor-made solutions
The practical implementation of our IP principles takes place within different contractual structures depending on the project type, whilst we always maintain a balance between standardisation and individuality.
Cooperation within the COMET programme
In the COMET programme, tried-and-tested, established contractual arrangements form the common, stable framework for all consortium partners. This set of rules sets the strategic guidelines for the entire centre. The specific details are determined decentrally at the level of the individual work packages:
- From the framework agreement to the details: The overarching principles define the global IP rules, whilst the specific configuration (choice of IP models, remuneration and milestones) is set out on a project-specific basis in the Work Package Contracts (WPC).
- Focus on the industrial partner: Results (foreground IP) from corporate projects are primarily made available to the participating industrial partners for commercial exploitation.v
- Transparent rights of use: Should IP formally remain with a scientific partner, we ensure the industry’s full operational freedom of action through the framework.
Bilateral and NON-COMET
In projects outside the COMET framework (e.g. EU projects or direct contract research), acib operates with maximum flexibility. Here, we work without a pre-defined consortium structure and develop a tailored solution for each partner:
- Needs-based approach: From “full ownership” by the client to complex licensing models, the contractual structure is entirely open.
- Interest-based allocation: Rights are distributed precisely in accordance with the partners’ actual contributions and strategic exploitation interests.
Handling of background: Legal certainty through transparency
A critical success factor for any collaboration is the clear handling of background (pre-existing knowledge). Since, in theory, any pre-existing knowledge can constitute background, we create a system of maximum legal certainty through tried-and-tested, established contractual provisions.
- Freedom as standard: In the interests of legal certainty and to create secure exploitation opportunities for all parties involved, acib applies the following principle: Contributed background, as well as the subsequent use of results achieved (foreground), are generally freely available to all partners for project implementation and internal research. This avoids unforeseen dependencies and paves the way for subsequent commercialisation.
- Restrictions require definition: Restrictions or barriers to the use of background material only apply if they are explicitly defined and documented as ‘Restricted Background’. In this case, the contributing partner is entirely free to determine the scope of permitted use as well as the conditions for subsequent use (for example, in the event of a transfer or market entry). Unless the owner has given their express consent to a use that goes beyond the defined scope, the background may not be used. This is particularly essential in multi-firm projects: we establish a culture in which the absence of a defined restriction automatically implies freedom of use.
- Responsibility of the contributor: It is the sole responsibility of the contributing partner to define whether information (e.g. trade secrets) is so sensitive that it requires restrictions. If no explicit definition is provided, it is assumed that the information may be freely used within the project context and for subsequent activities.
- Data sovereignty and control: Despite the freedom of use within the project, full control over the background remains with the original owner. We ensure a clear separation of third-party data and acib’s own data through strict IT and process structures.
The bridge function to universities and market access
acib actively facilitates the interface between academic excellence and industrial application. Our task is to transform research results from the university environment into exploitable assets.
- Intermediary for IP matters: We clarify complex IP issues before the project even begins, thereby laying the groundwork for conflict-free collaboration. In doing so, we always respect the publication requirements (e.g. dissertations) of our academic partners and ensure that academic careers are promoted, not hindered, by industrial collaborations.
- Active technology marketing (Techoffers): For us, the commercialisation of research results does not end with the project partner. Through our “Techoffers” (available at acib.at), we actively promote the intellectual property generated at the Centre and at partner universities on the market. We identify industrial needs and match them with our technology offerings to ensure that no valuable innovation goes to waste.
- Transfer support: We support the transfer of industrially relevant inventions through professional portfolio management and act as a catalyst to find the right industrial partner for each technology – whether through licensing, sale or support for spin-offs.
By actively shaping this interface, acib ensures the sustainable exploitation of research results and strengthens the region’s competitiveness by specifically translating scientific excellence into industrial applications.