Patent Your Invention

A patent is a 20-year monopoly that allows the patent owner to prevent others from making, using, or selling the patented invention without permission. In return for the monopoly, the inventor must make known the details of the invention so that others can seek improvements or new uses. The inventor gains by exclusive access to the invention, and society gains by using the detailed description of the invention to further advance technology.​​

An inventor is the one who first conceives of an invention, in detail, and with enough specificity that one skilled in the field could construct and practice the invention. Those who translate the concept into practice are not considered co-inventors unless they add to the original concept of the invention. With the agreement of the inventor(s), however, they may share in financial benefits of the invention.​​​​

Inventions include new processes, products, apparatus, compositions of matter, living organisms, and/or improvements to existing technology in those categories. Abstract ideas, principles, and phenomena of nature cannot be patented.

• Process: A method of producing a useful result; it can be an improvement on existing system​s, a combination of old systems in a novel manner, or a new use of a known process.
• Machine: An apparatus from a simple device to a complicated combination of many parts that performs a function and produces a definite result or effect.
• Manufactured product: An article that is produced and has a usefulness.
• Com​positions of matter: Chemical compounds, and mixtures such as drugs and, more recently, living matter.​​

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In the United States, patentability is determined by novelty, utility, and nonobviousness. 

• Novelty: An invention is "novel" if nothing identical previously existed. How does your invention differ from what already exists? In what ways might it not be unique?
  
• Utility: An invention is useful if it produces an effect, if the effect is the one claimed, and if the effect is desirable to society, at least in principle. Who might find your invention useful, and why? 
  
• Nonobviousness: Nonobviousness measures the degree to which an invention differs from the totality of previous knowledge, and the degree to which an invention could not have been anticipated from that knowledge. At the time it was conceived, why might your invention not have been obvious to people reasonably skilled in the field? Are there ways in which it might be an evolutionary step? What is the difference between the proposed invention and what has previously existed?​​

Publishing and applying for patent protection are not mutually exclusive: they can be done simultaneously under the proper circumstances. U.S. patent laws allow one to apply for a patent no later than one year after a public disclosure, such as a published paper, a widely available abstract, or an offer of public sale. However, the moment a public disclosure or publication is made, rights to foreign patents are lost unless a U.S. filing has been made within the preceding 12 months. Foreign protection is important to many international licensees, so inventors are urged to use discretion, take advantage of Confidential Disclosure Agreements available from CU Innovations, and file invention disclosures​​ with the university well in advance of presentations or publications.​​​

Sponsoring agencies sometimes require the university to disclose inventions that arise from work they fund. If the research that led to your invention was sponsored, give details and a reference to the contract or grant agreement in the Invention Disclosure Form​.​

With the passage of the America Invents Act (AIA), the United States patent system went from a first-to-invent to a first-to-file system. This means that the first person to file a patent application is considered the inventor and owner of the invention, even if someone else invented first. Good record keeping in the pre-AIA world could have made the difference in claiming inventorship over another. Nevertheless, it is still important to practice good record keeping. This information will help the CU Innovations with assigning inventorship. When collaborating with others on an invention, good record can help determine each person’s contribution to the overall invention.

It is important to note that there are exceptions to the first-to-file rule. Therefore, if you think you have an invention, you are encouraged to contact CU Innovations.​