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Technology Transfer Patents
Publishing Your Work During a Patent Application
If you can disclose your invention well before your invention is publicly disclosed, the TTO staff can have time to evaluate to see if OHIO would want to protect foreign patent rights. It is not necessary, however, to refrain from publishing a paper or making an oral disclosure of an invention. Usually TTO does not file many foreign patents, as the US market offers larger potential.
If you happened to publish a paper or make an oral disc
losure before a patent application has been filed, OHIO will not lose US patent rights. Foreign rights, however, will be lost. In the US, OHIO has one year from the date of first publication in which to file a patent.
The dates of disclosure are important because in the U.S. an inventor has one year from the date of public disclosure (this includes orally at a publ
ic meeting, in writing, or offering it for sale) in which to file a patent application. Once that year has passed, the invention cannot be patented. Moreover, foreign patent rights are lost once an invention has been publicly disclosed. While TTO does not often file for foreign patents due to their high costs, we strongly encourage inventors to disclose their inventions well before public disclosure so that we may keep this option open.
The filing and prosecution of patent applications are done b
y outside patent attorney firms. OHIO assesses technical competence, prior experience in similar cases, and inventor preferences when selecting the appropriate patent attorney. The TTO does not file patent applications for all invention disclosures it receives due to the high cost of filing ($6,000 - $10,000).
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DON'T FORGET: The TTO does not file patent applications for all invention disclosures it receives due to the high cost of filing ($6,000 - $10,000). |
The inventor's cooperation is essential in patent filing and prosecution. The chosen patent attorney will be familiar with the field of the invention, but he/she is unlikely to be an expert at the level of detail that makes the invention novel, useful, and non-obvious. You, the inventor, by providing both written and verbal information, will make an important difference and are indispensable f
or obtaining meaningful patent protection.
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TIP: Abstract ideas, principles, and phenomena of nature cannot be patented. |
Ownership of a Patent
In accordance with state law (Section 3345.44, Ohio Revised Code), patentable inventions created by OHIO faculty, staff and students are property of the University if the work was supported by University funds or
performed in University controlled facilities. Computer software and databases are the property of OHIO if created as part of university-assigned duties.
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