Category: Education

Educational topics related to industry contracting, intellectual property and technology transfer.

The Ever-Confusing World of Contract Lingo – Part 2

Posted onAuthorLinda Kesselring

While much of OTT’s work deals with the review, protection, and management of the inventions made by our faculty, there is a whole other side that is of equal importance: negotiating contracts with industry, be it for licenses, clinical trials, collaborations, sponsored work, or confidential discussions. Just as the world of patents has its own set of jargon and terms, contracts do too. Below we’ve compiled a helpful list of some common terms you may encounter in contracts. You can find part 1 of this blog here. Common Contract Terms & Concepts Continued Representation: A fact that one party states Read More …

The Ever-Confusing World of Contract Lingo – Part 1

Posted onAuthorLinda Kesselring

While much of OTT’s work deals with the review, protection, and management of the inventions made by our faculty, there is a whole other side that is of equal importance: negotiating contracts with industry, be it for licenses, clinical trials, collaborations, sponsored work, or confidential discussions. Just as the world of patents has its own set of jargon and terms, contracts do too. Below we’ve compiled a helpful list of some common terms you may encounter in contracts. What is a Contract? At its most basic, a contract is a binding legal agreement voluntarily entered into by two or more Read More …

IP Jargon: What are they talking about? – Part 2

Posted onAuthorLinda Kesselring

When beginning the process of protecting your invention, lots of industry specific terms and legal jargon get thrown around and can seem a bit daunting. To help ease you into the world of intellectual property protection, OTT has collected and defined some of the most common words and phrases that you’re likely to come across. In this two-part post, we’ll discuss jargon heard in patent statutes and applications and during the patent review process and a patent appeal (Part 1 can be found here). In this part we will cover jargon often heard during the patent review and appeal processes. Read More …

IP Jargon: What are they talking about? – Part 1

Posted onAuthorLinda Kesselring

When beginning the process of protecting your invention, lots of industry specific terms and legal jargon get thrown around and can seem a bit daunting. To help ease you into the world of intellectual property protection, OTT has collected and defined some of the most common words and phrases that you’re likely to come across. In this two-part post, we’ll discuss jargon heard in patent statutes and applications and during the patent review process and a patent appeal. In this part we will cover jargon found in patent statutes and applications. Patent Statue Jargon Statutory Subject Matter: Something that can Read More …

Navigating the U. S. Patent Process

Posted onAuthorLinda 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 …

Anatomy of a Patent Application

Posted onAuthorLinda Kesselring

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 …

Six Things to Know About Copyrights

Posted onAuthorLinda Kesselring

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 …

Quick Reference of the Common Types of Intellectual Property Rights

Posted onAuthorLinda Kesselring

“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 …

What do Those Extra Letters Mean? Professional Designations in Technology Transfer

Posted onAuthorLinda Kesselring

Many members of our team carry additional letters behind their names that you’ve probably seen, like PhD, JD, or MBA. But what do the others, like CLP and RTTP, mean? These are certifications and designations attained by those in the technology transfer and licensing fields. They are administered and distributed by the professional societies our team members participate in, such as the Licensing Executive Society and the Alliance of Technology Transfer Professionals. These designations represent a certain level of proficiency and experience in our field. They also add an additional layer of credibility for our academic and industry partners. Here Read More …

Inventorship: Who is an Inventor?

Posted onAuthorLinda Kesselring

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 …