1) I know this is not helpful now, but each time before or early while starting a degree (BSc, MSc, now PhD) I have clarified the IP position with them. My current university wants to retain bright people and starts from a very fair position IMHO.
2) Does the university actually claim all of the IP? 40% might be OK if it would provide you support from now that it had not before. It might also negotiate on your points if you don't go in like a bear with a sore head. I don't expect university IP people to be reasonable, but sometimes they are. And if you walk away from this then it is less likely to go anywhere good, and the university loses too.
3) You can't open source what is not yours. If the university does have an IP claim and you put that IP in public you could be in serious legal do-do. You might have your PhD award blocked/withdrawn at a pinch.
4) It is pretty well always possible to work round a patent. I have some patents to my name, and they were helpful in the sale of the business IP, but I remain sceptical of patents' inherent worth in the main.
So, I suggest, get through your viva, and negotate hard in good faith for a better deal.
2. Yes they claim 100% of the IP and only offer 40% of the royalties. That I am sure of.
3. Good advise. I'll keep that in mind, thank you.
4. This is helpful information. I hear you saying that if I patent the thing now, I could still make some tweaks and patent something else similar in the future...
2) Does the university actually claim all of the IP? 40% might be OK if it would provide you support from now that it had not before. It might also negotiate on your points if you don't go in like a bear with a sore head. I don't expect university IP people to be reasonable, but sometimes they are. And if you walk away from this then it is less likely to go anywhere good, and the university loses too.
3) You can't open source what is not yours. If the university does have an IP claim and you put that IP in public you could be in serious legal do-do. You might have your PhD award blocked/withdrawn at a pinch.
4) It is pretty well always possible to work round a patent. I have some patents to my name, and they were helpful in the sale of the business IP, but I remain sceptical of patents' inherent worth in the main.
So, I suggest, get through your viva, and negotate hard in good faith for a better deal.
And this will not be your last idea.