Q: If I disclose an important discovery in a public or private forum, will this affect my intellectual
property protection that I am considering?
A: Probably. A common mistake inventors make in a University setting is that a public disclosure (either a publication or presentation) before a priority date is obtained
(i.e. making an initial filing with the Patent and Trademark Office) can impact the breadth of international protection and possibly domestic protection. Private entities may be dissuaded from investing in technology if only U.S. protection can be obtained on a certain technology. Proper non-disclosure agreements are encouraged when seeking investor interest.
Q: I have an article that is about to be published, how will this impact possible patent protection?
A: It is generally recommended that you consult with the Technology Director before having an article published if you believe it has patentable merit. A Provisional Patent Application can be filed quickly on the article to establish a priority date to prevent the loss of foreign protection; however, please be mindful that for a patent application to mature into an issued patent, the disclosure must be “enabling” to one skilled in the art. If a publication is made before receiving a priority date, foreign protection will likely be compromised because that work can be cited against you.
Q: To what extent will the University sponsor promotional activities?
A: The Technology Transfer Office places important technologies, patent protected or not, on its website for interested companies to review. Furthermore, the Technology Transfer Office actively engages the services of consulting firms when necessary and participates in several networking events nationwide.
Q: Is my idea dead if the Patent and Copyright Committee (P&CC) does not recommend intellectual property protection to the Dean?
A: No. The Dean may approve intellectual property protection without an affirmative recommendation by the P&CC or the inventor may adhere to recommendations made by the P&CC to further refine their proposed idea and represent. An alternative option is seeking your own intellectual property protection at your own cost once released by the University.
