University personnel who alone or in association with others create novel research results (e.g., inventions, technical data, and copyrightable works) with any use of University resources are responsible for disclosing the results to OTL&IC. This is usually done through the submission of an Invention Disclosure Form. When submitted, the Invention Disclosure Form initiates action by OTL&IC to investigate the protection (through patenting or other means), marketing and commercialization of the technology.
The requirement to disclose is especially important for any inventions that are derived from external research support. Almost all funding sources, including the federal government, require that resulting inventions be reported to the University. Such obligations exist because reporting an invention to OTL&IC enables OTL&IC to begin seeking the appropriate intellectual property rights on behalf of the creator, the University and any sponsoring entity.
Independently-owned technology need not be disclosed to OTL&IC unless the owner of the technology desires OTL&IC to commercialize the technology. In such cases, the technology should be submitted to OTL&IC using the Invention Disclosure Form. Please click here for instructions.
You may have made a patentable invention or discovery if you can meet three key criteria:
- Novelty - Is the discovery new, and demonstrably different from any existing prior art? New uses of known processes, machines, compositions of matter and materials are considered novel.
- Utility - Does the discovery represent useful improvements over existing products and/or techniques? Mere observation of a phenomenon is not patentable.
- Nonobviousness - Was the discovery not obvious to a person of "ordinary skill in the art" at the time of the discovery? Note that many inventions often seem obvious in hindsight but are in fact patentable.
If you feel you have made an invention or discovery (if you are uncertain feel free to contact us), please report it to OTL&IC by submitting an Invention Disclosure Form.
When doing so, keep in mind that timely disclosure is imperative. Reporting an invention to OTL&IC after or with insufficient time prior to any public disclosure of the invention (i.e., oral presentation, article publication, poster session, dissertation) may lead to the loss of intellectual property rights. Publicly disclosuring an invention prior to filing for a patent may preclude patenting in foreign countries altogether, and may also preclude protection in the United States unless a patent application is filed within one year from the date of such public disclosure.
Once a disclosure is received by OTL&IC, it is assigned within the office to the appropriate case manager for evaluation. OTL&IC will work with investigators to ensure that all inventors are correctly named, and that any co-owning institution or company is properly informed. In compliance with Federal regulations, OTL&IC is responsible for reporting all inventions made with government funding to the appropriate funding body. OTL&IC relies on information provided to the office in Invention Disclosure Forms for this purpose.
