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Under federal law, the University is required to report inventions created under sponsored research funded by the U.S. Government. Non-government sponsors may also have intellectual property clauses and obligations associated with sponsored research agreements with which OTC must comply.

Complete the Funding/Sponsorship Information section thoroughly and accurately so the University can comply with all governmental and contractual reporting requirements. 

The description should be as detailed as possible. Without adequate information, OTC cannot perform a complete evaluation of the invention’s licensing potential or obtain an accurate legal opinion regarding patentability.

For inventions supported by government sponsorship, the disclosure must contain sufficient technical detail to convey a clear understanding—based on what is known at the time of disclosure—of the nature, purpose, operation, and physical, chemical, biological, or electrical characteristics of the invention. 

On March 16, 2013, the U.S. patent system switched to a “first-inventor-to-file” 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.

Most foreign countries have an “absolute novelty” requirement, meaning patent rights may be lost immediately upon public disclosure of the invention.

Although the University does not frequently pursue foreign patent protection due to the associated costs, inventors are strongly encouraged to submit an invention disclosure to OTC well before any public disclosure so that foreign filing options remain available for potential licensees. 

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.