Author: Linda Kesselring

Getting Started: The Provisional Patent Application There are multiple avenues to consider when filing a patent based on the specifics of the situation and the inventors. The first available option (and the one most used at universities) is a provisional application. The importance of provisional patents stems from the patent system’s usage of a first to file system, which dictates that the first party to file a patent for a technology, rather than the first party to invent the technology, is granted the rights for the invention. Unlike a non-provisional patent application, a provisional application is not examined and does Read More …

One of the most common ways to protect certain types of inventions (like medical devices or new chemical compositions) is through patenting. This guide quickly explains the parts of a United States patent application which is filled through the United States Patent and Trademark Office (USPTO). Generally, patents are divided into seven sections. The sections are as follows: Title Background: A description of the problem the invention hopes to solve, along with information on any previous inventions of a similar function (prior art). Summary: A concise description of the claims. Description of Drawings: A list of drawings that appear within Read More …

There are plenty of myths and confusion around copyright law. Many people aren’t sure what a copyright covers and how it differs from other types of intellectual property (IP) protection like patents or trademarks. Although a blog is too short to go into all the specific details of copyright law, we hope to hit a few key highpoints here and help clarify what a copyright is and its function. A copyright differs from a patent or trademark in that it protects an original work of authorship. A patent protects functional inventions or discoveries and a trademark protects words, phrases, symbols, Read More …

“Intellectual property” or “IP” generally refers to exclusive rights granted to owners under U.S. intellectual property laws to a variety of intangible assets covering creations of the human mind. Common types of IP rights include copyrights, trademarks, patents (utility, plant, and design patents) and trade secrets. Type of Right What it Protects How to Obtain Copyright Original works of authorship, including writings (including computer software) music (including any accompany words and/or music), and works of art (e.g., pictorial, graphic, and/or sculptural works) that have been tangibly expressed Copyright exists immediately and automatically when the work is created, that is, when Read More …

Inventorship could be the million-dollar question. In a university setting where collaboration is commonplace – who qualifies as an inventor? Most scholars understand “authorship,” but this concept shouldn’t be confused with “inventorship.” Being listed as an author on a journal article discussing the invention does not automatically make one an inventor on the patent itself. As a rule, an inventor is one who has contributed to the “conception” of an invention. Whereas someone working at the direction of another, using routine skill without making a conceptual contribution, is not an inventor under U. S. patent law. Credentials, such as degrees Read More …