What Ramot Can Do For YouFollowing are several important principles you should be aware of, in order to enable us to effectively protect your invention:
What is an Invention?
An invention is a new and useful process, device, article of manufacture, or composition of matter, or a new and useful improvement upon one of these.
What makes an invention patentable?
An invention is potentially patentable if it satisfies three core criteria:
- Novelty: The invention must be novel, i.e. new and original. An invention cannot be considered novel if it has been known, used, published or patented by others anywhere in the world before the date the invention was made by the applicant.
- Non-Obviousness: The invention must not, at the time it was made, be considered obvious to a person of "ordinary skill" in the field of the invention.
- Utility: The invention must be considered useful and not frivolous. Utility is based on demonstrating that an invention has practical applications.
Does disclosure of an invention jeopardize the right to patent protection? Public disclosures such as publications, lectures, abstracts, symposiums, posters, etc., made prior to the filing of patent application will jeopardize or eliminate the possibility of obtaining patent protection. Although patent law in the United States allows a one-year grace period between the first public disclosure of an invention and the filing of a patent application, most other countries (including members of the European Economic Community) do not. In these countries, the right of patent protection is lost immediately upon disclosure, unless a patent application has been filed prior to disclosure.
We therefore wish to stress the importance of not disclosing publicly any potentially patentable information before consulting with Ramot. In order to avoid regrets, we urge you to send us your draft abstracts and manuscripts to review for patentability.
Unfortunately, some researchers wrongly believe that filing a patent application will unduly delay, or may prevent or otherwise interfere with publication in scientific journals. Asking the question: "to publish or patent" poses a false choice. A patent application filed prior to publication protects the rights in your invention without impeding your ability to publish, and may be of enormous value to TAU and you in the future. Therefore, proper handling of the matter can easily ensure that there is no clash between applying for a patent and the need to publish your research results and discoveries.
What is considered a public disclosure of an invention?
Anything that is readily available to the public that describes the basic ideas in enough detail that someone else would be able to make and use the invention is considered a public disclosure. Public disclosures can take place in many different forms, including for example, journal papers, abstracts, conference presentations, publication on the World Wide Web or even dissertations indexed at the library. Showing or telling these ideas may also constitute disclosure, as does selling or offering for sale a prototype of the invention.
What can you do to improve chances of obtaining a patent?
You can significantly improve the chances of obtaining an issued patent on your invention by following a few simple guidelines. It is essential to maintain a detailed written record of your experiments in such a manner as to enhance the probability that your research results may be patented and will withstand challenge over the long term. Your written records will become the most important documentation of your work and are indispensable to establishing a strong and enforceable patent. Seemingly minor errors or omissions that make your notes ambiguous or incomplete may one day jeopardize your patent or patent application. We have compiled a document detailing all the information related to the patenting process at Ramot. "Information to inventors regarding the patenting process".
Please contact Dr. Shulamit Hirsch at Ramot (Tel.: 972-3-6406258) if you have any questions or would like specific examples of how best to document your research results.
Useful Resources
For more detailed information about intellectual property protection please see:
- General Information Concerning Patents - United States Patent and Trademark Office
- An Inventor's handbook prepared by the office of industrial liaison at New York University
- Our FAQ's (Frequently Asked Questions) section
- A flowchart of a US patent application.
Acrobat Reader to view PDF files can be downloaded here
