If the invention is disclosed through a publication or oral presentation before OTC files a patent application, are patent rights lost?
Public disclosure prior to filing may eliminate foreign patent rights immediately.
In the United States, inventors generally have one year from the date of first public disclosure or publication to file a patent application.
Should faculty and students refrain from publishing a paper or submitting an abstract/making an oral presentation of an invention before OTC has filed a patent application?
The one-year grace period under U.S. patent law may permit a later U.S. patent filing. However, inventors should disclose inventions to OTC well before any public disclosure in order to preserve potential foreign patent rights.
What is considered a public disclosure of an invention?
Almost any disclosure made without an obligation of confidentiality may constitute public disclosure.
Examples include, but are not limited to:
Why are the dates of conception and disclosure important?
On March 16, 2013, the U.S. patent system switched to a 鈥渇irst-inventor-to-file鈥 system.
Dates of disclosure are important because, in the United States, inventors generally have one year from the date of public disclosure to file a patent application. Once one year has passed from the public disclosure date, patent rights may be lost.
How detailed should the description of the invention be?
The description should be as detailed as possible. Without adequate information, OTC cannot perform a complete evaluation of the invention鈥檚 licensing potential or obtain an accurate legal opinion regarding patentability.