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The ownership of my thesis materials
The below is from the University regulations from my my PhD University:
11.3 As a condition of enrolment, the student agrees that the University shall own any Intellectual Property (IP) that may result from his/her research activity and in return the student is eligible for a share of the revenue generated under the same procedures as members of academic staff [13] (subject to regulation 11.2 above). The student will also be required to sign all documents specified by the University [14] for the purposes of seeking intellectual property protection and exploitation. If a student considers that he/she has been the sole creator of the intellectual property and that the University has not made a critical contribution to the creation of IP, then he/she can apply to be released from the IP Ownership Agreement. The application to release is subject to legal advice and must be approved by the University. If agreement at University Pro Vice Chancellor level is not reached an external arbitrator will address disputes.
In the case where a student is funded wholly or partly by a third party external to the University, the supervisor(s) and the student should clarify intellectual property ownership issues with the third party at the outset of the research project. In such circumstances, the University will consider requests to assign, share or license IP ownership with that party. This is particularly relevant when contracts for a research
project (on which the research degree student?s research degree programme is based) contain considerations of this kind. It is important, therefore, that the University Secretary?s Office is consulted at the earliest possible stage of discussion with the third party regarding the IP implications of any contract. The physical copies of the thesis submitted for viva voce (oral) examination (including electronic copies) will become the property of the University, whilst other artefacts for assessment will remain the personal property of the candidate along with the thesis
copyright.
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[13] To disclose any innovation to the University on the Innovation Disclosure Form. The University commits to sharing income generated by the exploitation of IPR with the individuals contributing to the development of that IP. Each income sharing-agreement will be negotiated on its own merits.
[14] A business plan including innovation disclosure form and an income-sharing agreement.
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You should find your own University's regulations should be not too far removed from this, though may vary.
To summarise, you own the thesis and the University normally owns the the intellectual property rights to the data. If it is the same for you, then the request should come from the University, however, the supervisor can be seen as the University's representative.
Is there a commercial third party that might alternatively own the intellectual property rights?
Ian (Mackem_Beefy)
Ian (Mackem_Beefy)
Time to get out.
Manfred,
You've already apparently made your decision to leave and that's fair enough. But I'll throw in a few thoughts before you call it a day.
Your view of the experience has been coloured by some pretty bad politics. I've seen both sides of the coin, having had a relatively good experience during my PhD and first post-doc (there was some politics, however, it never concerned or involved me) but a stinker of an experience during my second post-doc. I will add if I'd opted to do my PhD at my second post-doc University (and there was that option), I do not think I would have got through so bad was the situation. I look at your story and think "There but for the grace of God go I."
However, I didn't opt for that University and at the University I went to I got the right level of support and control over the project to be able develop the project (though my primary supervisor had a very interesting side project that added value to my thesis) and felt able to thrive during it. In other words, the nature of the supervision can be a deal breaker. An enthusiastic supervision team can bring through and open up an apprehensive candidate just as much as a poor supervision team (i.e. like you describe) can drag an enthusiastic candidate down.
Before you take the final step, can I ask if you've enquired about changing supervisors? The moment he bad mouthed you in public, that for me would have been the end of him as my primary supervisor. Changing supervisors may change things sufficiently to revive at least some of your enthusiam and rescue the situation, if alternatives in your field are available.
If that is not possible, then you do need to bail out. However, you still may wonder what might have been a few years down the road and I would never say never. As I discovered, a different University and a different supervision team can make all the difference. See how you feel in a couple of years and if you're happy in whatever you're doing, then don't give it a second thought. If that itch to scratch returns, don't rule out the possibility of a PhD altogether.
But the important thing is you're happy in whatever you're doing.
One comment I will make is whether the experience is good or bad, the PhD process can be a lonely road and it can be up to you to look for opportunities to socialise. Joining student societies or sports / interest groups outside University can be an important and sociable release for you that can also make all the difference.
Ian (Mackem_Beefy)
I passed my viva :)
Congrats!!! :-)
Ian (Mackem_Beefy)
why do PHD?
======= Date Modified 16 Oct 2012 15:40:02 =======
No response Carold?
I believe you've read more into the negatives than the positives.
Ian (Mackem_Beefy)
Thesis binding / printing: cheapest options?
Has your University not got a bindery?
There should be some soft binding facilities at your University at least.
Ian (Mackem_Beefy)
why do PHD?
======= Date Modified 14 Oct 2012 20:05:51 =======
If I didn't know better, I'd say you were a poster called The Lord Rowell from a certain football forum with a downer on academia in general. Charmless Man will know who I mean.
You're right in saying there are many people who have achieved much in their field without a PhD or even a degree. They've learnt their skills in the University of life and yes, it is a professional duty to take on board the opinions of others no matter what their backgrounds.
Would I be where I am today without the PhD? I'll be honest that due to a disasterous second post-doc, I have not moved forward careerwise and I am back where I started. The reasons were supervisor issues during my second post-doc that I have gone into elsewhere. So you're comment on supervisor issues being a problem during some PhDs is to a small degree fair comment too.
However, I had very good supervision during my PhD and first post-doc and thus my PhD was experimental and data gathering programme it was meant to be. In otherwords, with reference to current literature in my field I was able via a targeted experimental approach and assessment of the data gathered, I was able to produce an original contribution and generate new information that pushed back the boundaries of knowledge in my field.
A PhD presented me with the best opportunity to do this in the best environment possible. By returning to University and working in a department that had succeeded at the time in gaining significant investment in equipment, I also had access to amongst the best tools possible to examine my generated samples, and collect and analyse the data collected from them. Translated, I got to play with some really sexy kit I'd not have had access to otherwise - fun!!!
In general, University access to literature and other published works is superior to that of industry and other outside establishments, so I was also more able to ascertain very quickly whether the data I was generating indeed constituted and original finding. Additionally, I became more readily aware of others working in my field at other institutions and thus it was not being generated in isolation from these other researchers.
I have seen papers and documents generated by people working in industry and echoing a previous post, I note they have been alot less rigorous with their literature review. There is the feeling with some that they are not aware of the importance of reviewing other people's literature and work, therefore there is the risk that by not being so rigorous they may not be aware of other data that may be of use to their own work. That said, some of these papers are produced by people with PhDs and it is clear they do not have the same access in industry to data that they had when doing their PhDs in University.
Finally, I wanted the challenge of tackling the most difficult qualification there is out there. I wanted to push myself mentally to the limits of my abilities and the PhD offered me the chance to do that. I can relate to the marathon analogy made in an earlier post. Even though things have not worked out the way I thought they would prior to the PhD because of the second post-doc, I have no regrets over tackling the PhD even all this time after it's completion.
I enjoyed the process (well, okay, the write-up was hell), I enjoyed the challenge and would I change my decision if I had my time over again? No way mate. I do not think industry would have offered me the opportunities I had and I have outlined during the PhD years. It allowed me the chance to become a complete researcher. :p
Ian (Mackem_Beefy)
why do PHD?
I'll come back to you on this and expect a vigorous defence of what I consider a very personal life choice.
It is 2.15 am in the UK and I've a canny few beers in my system. So it's bedtime and not the time to answer this.
Besides, my other half has other things on her mind. :-)
Ian (Mackem_Beefy)
a wise opinion needed
Age got nothing to do with research, mate. However, it is better you get a MSc then, proceed with a PhD. Cheers.
Or depending on your grades and the country, proceed straight to Phd. Many countries with an English style system will allow you onto a PhD with an upper second class degree.
However, Masters will give you a better grounding as preparation for a PhD. The project period will give you an idea of how a post-graduate project is structured.
Whether you do the latter will probably depend on financing. As regards age, many people start Masters and PhD aged 21 or 22 straight after their undergraduate degree. However, you may feel you want to work for a few years and come back.
That said, your lecturer or tutor may think you've got the ability to attempt either Masters or PhD. Go talk a little more with him.
Ian (Mackem_Beefy)
Do you include a CV/Resume with your submitted thesis?
No CV, only thesis and viva.
The only thing I've heard of is papers being included in an appendix or addendum at the back, but even this is not essential as the examiners are only interested in thesis and you viva is about defending that.
Ian (Mackem_Beefy)
Update on resubmission rejection
Thanks so much for your support. Yes, a new viva with new examiners who will not know of the first submission as this has been disregarded now. I have done all I can work wise and let's hope this was enough - and for you too Pineapple!
So this is being done with a clean slate?
That's good to hear and fingers crossed you get through with no more than minor corrections.
It does sound as though the examiners took a downer on your thesis and submission for reasons other than the quality and contribution of your work and that's worng (admittedly I'm not sure of all the facts). Hopefully, the new examiners will be more professional.
You'll be fine. (up)
Ian (Mackem_Beefy)
Update on resubmission rejection
Beth,
Is the new viva with new examiners?
Ian (Mackem_Beefy)
leaving a funded phd?!?!?!?!? Will i have to pay?
Before you do anything hasty, can I ask why you want to leave? What is causing you to hate it?
I hated my second post-doc so much that all I wanted to do was leave and I can understand that even small changes in circumstance can be the difference between good and bad in academia.
Ian (Mackem_Beefy)
PhD boyfriend with NO job
======= Date Modified 02 Oct 2012 22:57:39 =======
Mackem Beef, I am not blaming myself. I am just commenting, as you do on the fairly odd things that can crop up in PhD relationships, and some of the mistakes I have made in the past, and the way that it doesn't all get better once the viva is over. Its more like a way of life for many, and I remember reading about rates of divorced being higher in academics than other college grads.
Okay, fair enough. It's just the language you were using came across that way and perhaps my bad habit reading between the lines (sometimes wrongly) kicked in a little.
So, erm, sorry!!! I'm just trying to be helpful.
The bit about in not always finishing with the viva rings very true. I was witness to one girl who continued in hyper mode after her viva into her post-doc period. She did not step back to take stock and the work continued to dominate her life. She did not make great company even only as a workmate.
What was worse was she was assigned as my mentor for my second post-doc and I will say that the difference in attitude between me who'd throttled down back towards normal and her trying to do and control everything I guess played a significant part in the friction between us. That was very uncomfortable year, not helped by a senior Prof who's people handling skills were not the best in the world.
Ian (Mackem_Beefy)
resubmission nightmare
Agreed, well done!!! :-)
How to deal with a disastrous phd-process or viva
======= Date Modified 01 Oct 2012 11:47:41 =======
its October tomorrow so the wait'll soon be over.
Thanks JoJo. I have to wait until the END of this month for a decision (resubmitted mid August). So the agony of waiting for a decision continues. Depending on what examiners say, this will probably mean I'll miss the winter graduation ceremony consequently pushing my graduation to summer 2013 and means I'm shackled to my PhD for another year or so (I started this thing in 2006!!).
Absolute nightmare.
:-( :-( :-(
Jojo,
You've shown with your experiences that even when you've had your back up against the wall, you can still come through. I remember you, BTW. Well done.
Pineapple,
You're nearly there and at most you'll have a couple of minor corrections to sort out. The point it ends is when you receive a letter from your University saying you've been awarded your PhD. That will be sometime during October or latest, November. You do not have to wait for the graduation ceremony to know it's finally over.
The worst is truely behind you. (up)
Ian (Mackem_Beefy)
