Patent
What is a patent?
A patent is a government grant giving the exclusive right to make, use or sell an invention, usually for a limited period (20 years). Thus, a patent provides protection only in those countries where it was filed and issued. Inventions that require high investments for their economic realization are only interesting for an industry partner if they are protected by a patent.
An invention is patentable if it is considered novel, non obvious and if it is useful. Scientific theories without a specific application are not patentable. Before a patent application has been filed the invention is not under any circumstances to be published or revealed during a presentation.
The patent is recognized as a species of property and has the attributes of personal property. The patent holder has the right to exclude others from producing, selling or using the invention. In return, the invention has to be disclosed in the patent specifications. The patent holder may grant certain user rights to others by a license and receive royalties or other compensations for the privilege. Thus, by means of the patent the invention becomes tradable.
The invention is disclosed in a patent specification. The patent specification comprises the description, the patent claim, the summary and the illustrations. Patents are granted only after examination of a patent application by trained inspectors. Usually several years lapse between the filing of a patent application until when it is granted.
In the patent specifications the invention is described to such detail that it is understood by an expert. The patent claims are concise descriptions of the invention and provide necessary protection for each case. Therefore, a clear formulation of the claims is highly important.
Patenting and publishing
If an invention has been published then it can no longer be patented. Therefore a patent application must always to be submitted before publishing. Notify Unitectra of your invention as soon as possible (Confidential Invention Disclosure Form).
When is a publication damaging for a patent?
Scientific publication
Presentation at a conference
Abstract at a conference (Poster, internet, abstract booklet)
Dissertation (will be published)
Institute seminar with guests
Annual report
Homepage
Discussion with scientists or firms without prior signing of a Confidential Disclosure Agreement
Non-detrimental are:
Publication submitted, reviewing is in process
Internal institute seminar
Request for research sponsorship (SNF; CTI)
Discussion with scientists or firms after having signed a Confidential Disclosure Agreement
What kind of inventions should be patented?
Patenting is time consuming and expensive. Filing for a patent only makes sense if an invention has a significant commercial potential. It is often better to initially look for a potentially interested commercial partner before filing for a patent. Such a partner can bear the costs for a filing and they are usually granted, as compensation, an option to a (royalty bearing) exclusive license.
If no industry partner has been found, then the university will only file a patent application if
the invention is patentable (novelty, non-obvious, useful) and there is no dependence on existing patents that would reduce its value, and
a significant potential market is available, and
it is shown that, within a reasonable period of time, the invention can be developed to a level of usefulness that would attract a business partner, and
the university administration agrees to the costs being taken over by the university.
Ownership of inventions
Inventions made by university staff during or in connection with their official occupation belong to the university or the employing institution, respectively. If its commercialization leads to any profits, then the inventors participate according to the relevant guidelines of the university.
How to proceed
If you have made an invention, then contact Unitectra as soon as possible. In preparation for a first meeting it is useful if you fill in the Confidential Invention Disclosure Form (see downloads in the right column) and send it to us.
By working in close collaboration we will elaborate the optimal strategy to commercialize the invention. We offer the following support:
Acquiring information about the state of the art in the relevant field (patent searches)
Acquiring information about the ownership situation (other universities, firms)
Evaluation (economic, under patent law)
Elaboration, filing and prosecution of patent applications (in collaboration with external patent attorney)
Search for industrial partners
Negotiation with potential licensees (option and license agreements)