Policy of Withholding Thesis Pending a Patent Application Content or Manuscript Submission
In 1970, The University of Manitoba Board of Governors and Senate approved a policy on accepting research grants from outside agencies. This policy defined the right of agencies to defer release of information and thus ensure freedom of publications for research findings of University personnel. Occasionally, the University may also wish to restrict the release of a thesis pending patent application. For additional details, see The University of Manitoba Governing website.
This situation may arise in the two (2) circumstances defined below, both of which are governed by the same set of regulations:
- Where a research project is known to contain patentable items as defined in the research contract, then it is the responsibility of the advisor/co-advisor to give written information of the restrictions on publication to the student prior to the start of the thesis research. If the student agrees to carry out the research, then the regulation given below will apply.
- Where a patentable item is found during the course of research, then the advisor/co-advisor and the student may make application for patent rights through the University Patent Committee, and the following regulation will apply concerning the release of the thesis.
Regulations Concerning Release of a Thesis during Application and Negotiation for Patents
The Dean of the Faculty of Graduate Studies will receive the approved thesis. On written joint request of the advisor/co-advisor and the student, the Dean will retain the thesis for a period up to one (1) year.
Regulations Concerning Release of Thesis Pending Manuscript Submission
The Dean of the Faculty of Graduate Studies will receive the approved thesis. On written joint request of the advisor and the student, the Dean will retain the thesis for a period up to one (1) year.
In exceptional cases, not covered by the regulation concerning patents, where adequate causes can be shown to delay publication, the student and advisor/co-advisor may request in writing that the Dean of the Faculty of Graduate studies restrict access for a period up to one (1) year after submission of the digital version of a thesis or practicum to The University of Manitoba. The Dean shall determine for what period, if any, access will be restricted.