Newspaper “Kyivskyi Polytechnic” (issue 2 from January 25, 2018) published material “International success of the FEL researchers”, which contains a number of inaccuracies. This is the application of PCT No. WO2017203029 (A1) “Device and method for the switching of electrical switching of elements located on the substrate” filed by the Technical University of Dresden (Germany) and co-sponsored by Professor Henning Hoyer and postgraduate student Irene Pazsoor, but from the FEL of Igor Sikorsky KPI – Professor Borys Tsyganok, Associate Professor Dmytro Tatarchuk and assistant professor Ostap Oliynyk. The article states that this is an international patent, which is registered in 120 countries of the world. In fact, this is not quite the case. This is just the international application filed under the PCT (Patent Cooperation Treatment) procedure and consists of three technical solutions that have been patented in Ukraine, with the patent holder being the Igor Sikorsky KPI. Under the PCT procedure, only after 30 months of the international phase from the date of filing the application for PCT, entry into the national phases will begin within the time specified by the legislation of the countries specified in the application, with certain payment and registration of the relevant documents. This is a complex, long-term and expensive process, which may end with the receipt of the International University's Dresden International Patent (or several) from 120 countries worldwide.
This PCT application was made possible thanks to the research work carried out by the young scientist of FEL O.O. Oliynyk together with the Technical University of Dresden within the framework of the grant received for the implementation of the international project “Increasing the number of internal communications in electronic structures using dynamic heterogeneities”. In the course of this work the Ukrainian patent № 104297 “Device for multifunctional use of SIM-components” was received (authors: B. A. Tsyganok, A.V. Vlasyuk, O.O. Oleynik).
The filing of this PCT application is a shameful fact, since the technical decisions of University employees protected by Ukrainian patents issued on behalf of the University are patented in other countries for the sake of other legal entities. This is the case when the inventors, as the owners of the non-proprietary right to intellectual property rights (IPOs), transferred property rights that jointly belong to our university and authors to the property of another legal entity for the execution of international patents. As a result of such actions, the co-workers of FEL prof. B.A. Tsyganok, Assoc. prof. D.D. Tatarchuk and assistant. O.O. Oliynyk knowingly or unknowingly cheated our university, since its share of property is used by another foreign educational institution. The authors should have applied to the Department of Intellectual Property and commercialization of scientific developments and to act in accordance with the established procedure, which grants the right to transfer intellectual property to other persons. However, it turned out that our employees gave the Technical University of Dresden the patented technology solutions in Ukraine that belong to Igor Sikorsky KPI, without the permission of the owner of the three patents and without the conclusion of the corresponding agreements. Thus, they caused moral and material damage to the University. This is a violation of the current legislation of Ukraine in the field of intellectual property and the “Regulations on the organization of work with objects of intellectual property rights at the National Technical University of Ukraine” Igor Sikorsky Kyiv Polytechnic Institute”, approved by the Decree of the rector of April 25, 2017, No. 2-88. Moreover, in section 7 “Intellectual Property Rights in Intellectual Property Rights”, a contract signed by scientific and pedagogical staff when applying for a job in the KPI states that the regulatory procedure relationship between employer and employee regarding intellectual property rights is defined by “Regulations on intellectual property rights that created” where it is stated that they must be fulfilled by all employees of Igor Sikorsky KPI, on which they sign in the corresponding contract.
At the same time, let's note that there are positive examples at the university where employees of Igor Sikorsky KPI, owners of patents, created on their own initiative, transfer the ownership of the University to their further commercialization, in particular for the conclusion of licensing agreements. These examples include a number of IPOs that were passed to the University prof. O.F. Lugovskyi (MMI), prof. L.O. Uriwskyi (ITS), Assoc. Prof. O.O. Podolian (FII). And it is precisely this kind of positive practice of transferring IPOs that should be continued