As a researcher, it is critical to disclose any potential invention made at Drexel or through your work to Applied Innovation BEFORE a public disclosure.
A public disclosure – even unintended – can significantly diminish the value and damage the potential for intellectual property protection of your innovation.
Nearly all foreign countries view public disclosures as a legal impediment to filing for patent protection and getting an issued patent. However, the United States grants a partial exception, allowing a 1-year grace period to file a patent application after a public disclosure has been made by you on your innovation.
What types of activities are considered public disclosures? Any of the following:
- Poster presentation
- Verbal or Visual presentation at a conference – in person or online
- Published journal article – in print or online
- Online postings – website, blog, or social media posts and updates about your innovation, or sharing your innovation on public platforms
- Grant applications or awards that are publicly accessible
- Theses / dissertations / public oral defense
- Discussions with a 3rd party without a confidentiality agreement in place
Outside companies often seek out faculty to talk about their research, expertise, and capabilities. When discussing your research, a potential collaboration, or an innovation with a third party, work with our team to get a Non-Disclosure Agreement in place first to protect any confidential information.
If discussions are already scheduled, let us know who you’ll be speaking to, and follow these guidelines:
- Talk about WHAT you can do, not HOW you do it.
- Industry is interested in WHAT you can do to meet their needs.
- HOW you do it is potential Drexel Intellectual Property that should stay confidential.
"Enabling" is the threshold. To negatively affect patentability, a public disclosure must be detailed enough that a person having ordinary skill in the art could reproduce the invention or method from the information you disclosed. When in doubt, don’t take the chance.
A downloadable Invention Disclosure Form can be found on our website. Submit your potential invention with details around upcoming publication or similar disclosure plans. Reach out to our team and we’ll answer any questions you may have.
Questions? Please email the Applied Innovation team at applied_innovation@drexel.edu.