It cannot be copyrighted, but any concrete expression of love songs, odes, books, paintings, etc. Section Handling of the Intellectual Property generated at Oklahoma State University is governed by the following university policy and procedure:.
If UIPSC, with the concurrence of the Vice President for Research, determines that the university has a proprietary interest in the intellectual property under sections 3. If UIPSC, with the concurrence of the Vice President for Research, determines that the university has no proprietary interest in the disclosed intellectual property under section 3.
Keith Willett Emeriti Representative Suzanne Reinman Edmon Low Library Marc Tower School of Entrepreneurship After it has been determined that OSU has proprietary interest in a disclosure submitted to the OTC, a thorough evaluation of the disclosure is carried out to determine the commercial viability of the invention.
The OTC evaluation process has two main components:. Intellectual Property evaluation to determine the ability to protect the intellectual property IP of the invention. What is an Intellectual Property?
Intellectual Property IP describes a wide variety of property created by inventors, musicians, authors, and artists. An additional type of IP is a Trade Secret, which can be in the form of know-how or data.
Last, an inventor may decide to publish their intellectual property to make it freely available to those interested. Patent - According to U. Of course, the many types of patents available complicate this. For more information, see Types of Patents below. Copyright- Protect creative works, such as books, movies, software and photographs, giving the author protection from others trying to use copies of the copyrighted material.
The duration is 70 years from first publication for works made for hire. Trade Secrets- Information that is subject to reasonable efforts to be maintained as secret that derives independent economic value from not being generally known to or readily ascertainable by others.
A Trade Secret does not expire. Trademark- A trademark is a mark that indicates that a specific entity is responsible for the product or service. No other entity can use the mark, and if they did, legal consequences would apply. Federally registered trademarks last for 10 years but can be renewed indefinitely in year increments. The majority of technology developed out of the university requires that a patent be obtained in order to commercialize the invention. Because we usually work with patent protection, we will explain this evaluation process in detail below.
However, we also work with other types of IP, such as trademarks and trade secrets. If your invention is best suited for these forms of protection, we will guide you through these processes as well. Despite what you may have heard, you cannot obtain a patent on anything….. No , 82d Cong. In other words, if you merely make a discovery, it does not mean that you are entitled to a patent. It was a fact all along, and you were merely the first to observe it.
Processes, machines, compositions of matter, articles of manufacture, software and methods that embody four qualities can be patented. What are those qualities? Statutory subject matter, utility, novelty, and non-obviousness. Statutory subject matter — The first requirement is the claimed invention must be eligible subject matter. Because almost everything is patent eligible, it is easier to state what is not patentable: a laws of nature, b physical phenomena and c abstract ideas.
Laws of nature — Laws based on observations and experiments that govern how nature works. For example, Sir Isaac Newton could not have patented the law of gravity. Physical phenomena — Similar to laws of nature, physical phenomena are naturally occurring events involving physical properties of matter and energy.
For example, lightning is something you cannot patent. Abstract ideas — This is a bit trickier than the rest. The definition of an abstract idea is that concepts that need to be visualized, as they cannot be illustrated through concrete examples. Tatham,55 U. A great example of an abstract idea often used is mathematical algorithms. Utility — An invention must provide some identifiable benefit and be operative.
A commonly used example of an invention that has no utility is a perpetual motion machine. You cannot patent an invention that produces more energy than it consumes because of the belief that an invention cannot have utility if it does not work. Novelty — An invention must be new. In other words, the invention must not be known to the public already. The purpose of this rule is to ensure that inventions that are already known to the public cannot be patented.
Non-Obviousness — An invention must not be obvious. This is often determined by the following process: 1 Determine the scope and content of what is already known 2 Determine differences between the claimed invention and prior art and 3 Resolve the level or ordinary skill in the art at the time of the invention.
How do you show your invention is novel and non-obvious? By finding the knowledge already known to the public prior to the priority date of the invention the day you file a patent application , and comparing that knowledge to your invention.
If your invention provides a novel and non-obvious inventive step, then you may be entitled to a patent. This includes printed publications, public use, sale offers or inventions otherwise made available to the public.
A public disclosure is when an inventor makes his invention known outside the university, which can also lead to a bar for obtaining a patent. This is true whether it is a publication or poster presentation. Even a grant that is only available through the FOIA may be considered a public disclosure. Another form of public disclosure occurs when the inventor performs a public use of the invention or offers it to another party in a public sale, whether it enables someone to practice the invention or not.
A new inventor-friendly rule is that the public must be aware of the use of the invention. For example, if the invention was used on public land in the middle of the desert that only the inventor knew about, that is not considered a public use. Overall, what constitutes a public disclosure causes some of the most confusion in patent law.
This is why it is absolutely critical to inform the OTC of your invention before any potential public disclosure is made. Please contact the OTC to help preserve your patent rights if you believe a public disclosure of your invention will occur.
Luckily, even if you already made a public disclosure all is not lost. In the US, inventors have a one-year grace period for public disclosures that originate from their work. However, most other countries do not have a grace period. This means that any public disclosure may bar the ability for us to patent the invention in other countries. Market evaluation consists of identifying where the invention fits into an industrial system.
Is there a cadre of companies that might use the invention? The OTC uses many different resources to make this evaluation. NAICS is 6-digit code system that is currently the standard used by federal statistical agencies in classifying business establishments.
Often, however, the PI is the best source to start looking for commercial partners. The Total Available Market is then determined. This is the whole size of the market, with all the players companies in it. Then the OTC determines the Potential Available Market, or how much of that market the new invention can expect to serve. This is an inexact science. Ohio State innovators are continually making groundbreaking discoveries in fields that impact the human condition: medicine, manufacturing, logistics, international business, science and technology.
Whether licensing a new technology to an existing enterprise or engaging with an Ohio State startup , our team is here to facilitate that process. To illustrate our process, we have established a clear commercialization pathway for licensing a university technology. Potential licensees can explore technologies created from the vast array of Ohio State research, applicable to many different industry sectors. To help get started, below find our standard templates for licensing a university technology.
Please contact us to talk about next steps. If you are interested in learning more or licensing a university technology, please contact a member of our team below. Technology Commercialization. Ohio State has a breadth and depth that few universities possess. New study identifies five types of rural communities in Ohio, suggesting "rural America" is no monolith.
OhioState climatologists Ellen Mosley-Thompson and Lonnie Thompson win the prestigious Frontiers of Knowledge award for their glacier ice studies showing how climate is changing at an unprecedented rate. OhioState Like more than one story? Go ahead and vote multiple times! We don't mind. It is totally legal! OhioState Feeling like leisure is wasteful and unproductive may lead to less happiness and higher levels of stress and depression, researchers find.
OhioState A specially engineered metal alloy could be used for future devices to turn heat on and off with the application of a magnetic "switch.
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