Under the Patent Code there are several events that can prevent an inventor from receiving a patent on his invention. They are generally based on the principles that there can be only one true inventor and that the United States has a one year grace period from the day that the public learns of the invention. It should be noted that a patent issued anywhere to anyone, even the inventor applying in the U.S., is a printed publication which begins the clock running.

Note, the information provided here are the basic concepts, however we would have look at the details of your case to provide you a patentability legal opinion. In generic terms: in determining the patentably of your your invention, the Patent Office must consider utility, novelty, obviousness, and so called "secondary considerations." Generally, if your product or process does something useful that a "close" one does not, then your product would logically be novel.

Inventions include new processes, products, apparatus, compositions of matter, living organisms, or improvements to existing technology in those categories. A process is a method of producing a useful result. A process can be an improvement on an existing systems, a combination of old systems in a novel manner, or a new use of a known process. A machine is an apparatus that performs a functions and produces a definite result or effect.

We hope this page will help you answer commonly asked questions as you go throught the proposal and grants management process at the University of Delaware. Choose a topic heading at right to view questions that are commonly asked about them and then click on a question to expand its answer. If you have additional questions that are not covered here you can contact RGS or find your representative in our staff directory.

Inventors generally own their inventions, even if they are employed by a company. The exceptions (although state laws often limit these rules) are: If prior to the date of invention the employee entered into an employment agreement providing for the assignment of all of his inventions, made during the term of employment The employee was specifically hired to invent the particular invention or make developments in the general area of the invention.

Recumbents have been around since the mid 1800's with the Macmillan Velocipede and the Challand Recumbent. In 1933 Charles Mochet built a supine recumbent named the "Velocar". Between the years of 1933 and 1938 pro racer Francois Faure, while riding the Velocar, set several speed records for both the mile and kilometer. In Paris on July 7, 1933, Francis Faure broke the 20 year-old hour record of 44.247 km. by going 45.055 km.

The claims define the scope of protection for a patent afforded to the actual inventor. Patent law requires the applicant to swear, or affirm, that he believes himself to be the true inventor of the art, machine, or improvement, for which he asks for a patent; and further that he shall deliver a written description of his invention, in such full, clear, and exact terms, that any person, acquainted with the art, may know how to construct and use the same.

Invention includes, but is not limited to a discovery such as a composition of matter, biological material, article of manufacture, technological development and the like. (See Section C.1.d. “Definitions”.) A Work includes copyrightable material like printable material, computer software, audio and visual material, musical or dramatic compositions and the like. A Work also includes copyrightable material that is used to assist or enhance instruction. (See Section C.1.c.

A patent or utility innovation protection gives the exclusive right to stop others from manufacturing, using and/or selling the owner’s invention in country where it was granted.

Ideally, if you have a unique invention, you could file for a patent with the U.S. Patent and Trademark Office , and perhaps with patent offices abroad. Unfortunately, this can be an expensive and time-consuming process that generally requires the use of an attorney. You can also file a provisional patent, which recognizes the date of your invention and provides you with one year to undertake the full patent process.

If you want to commercialize the invention, it needs to be reported to OTT per McGill's Policy on Intellectual Property [PDF]. It can lead to benefits for everyone: the inventors, the University, businesses, and society. If you do not disclose your invention, it may never achieve practical application or someone else may patent and benefit from it.

Yes. One of the most important requirements under U.S. law, often called the "one year" or "on sale" or "public use" bar to patentability, is that a person may not obtain a patent if "(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States".

Preparing an invention disclosure is useful in documenting the inventive process and dates. The invention disclosure provides a written record that can be helpful in determining whether you are indeed the first inventor, should that issue arise. There is no special form for an invention disclosure.