Comment by suchow

At many universities (in the U.S. at least), on paper, it’s the technology commercialization department that makes the call about pursuing patent protection and the burden is on the PI to report all potentially patentable inventions before release so that the university has time to make the determination. In the case you describe, they’d in principle find you in violation of that policy, but in practice can’t because they don’t know about it unless you tell them.