The document provides guidance for Georgia Tech researchers on intellectual property rights when presenting posters. It explains that under US patent law, a technical poster can be considered a printed publication and negatively impact patentability if it sufficiently discloses the invention. Posters must not fully disclose novel features of the innovation if seeking patent protection within 12 months. Information in the poster could become prior art if the innovation evolves and the patent clock expires. When preparing a poster, researchers should consider if the invention would be obvious to others in the field given information in the poster alone or combined with other prior art. Factors like display length, audience expertise, expectations of confidentiality, and ease of copying should also be considered.
All About Intellectual Property, the law, and some of the strategy and business considerations behind developing and leveraging intellectual property in business
A work or invention that is the result of creativity, such as a manuscript or a design, to which one has rights and for which one may apply for a patent, copyright, trademark, etc.
A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, due to its popularity or significance, has become the generic name for, or synonymous with, a general class of product or service, usually against the intentions of the trademark's holder. The process of a product's name becoming genericized is known as genericide.
An Invention Disclosure is a comprehensive formal business record of the invention seeking a patent grant. This represents the first recording of the invention including the relevant date, names of the inventors and scope of the invention.
The description of the invention in the disclosure must lay emphasis on the fulfilling of the requirements of patentability, such as novelty and non- obviousness of the invention. These criteria’s are to be met with in the invention disclosure whilst ensuring that the specifications are well-explained, such that a layman may reproduce or make use of the invention.
Novelty search USA & Canada | Patentability Search | InventionIPInvention ip
Explore the essential steps to master novelty and patentability searches for your invention with our comprehensive guide. Learn how to navigate the complexities of intellectual property, ensure uniqueness, and maximize the potential for patent approval. Dive into expert insights and practical tips to protect your innovative ideas effectively. Start your journey to securing your intellectual property today!
Ready to uncover the uniqueness of your invention? Start your journey towards securing intellectual property rights today with our advanced novelty and patentability search services. Visit InventionIP Novelty & Patentability Search for more details.
The CREATE Act -- As viewed from the Ivory Towers and from the TrenchesKevin E. Flynn
On December 10, 2004, Congress passed the Cooperative Research and Technology Enhancement (CREATE) Act to promote collaborative research and development efforts between inventive entities. The act expands 35 USC § 103(c) to allow research partners to share confidential information without creating a bar to the patentability of their joint inventions.
All About Intellectual Property, the law, and some of the strategy and business considerations behind developing and leveraging intellectual property in business
A work or invention that is the result of creativity, such as a manuscript or a design, to which one has rights and for which one may apply for a patent, copyright, trademark, etc.
A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, due to its popularity or significance, has become the generic name for, or synonymous with, a general class of product or service, usually against the intentions of the trademark's holder. The process of a product's name becoming genericized is known as genericide.
An Invention Disclosure is a comprehensive formal business record of the invention seeking a patent grant. This represents the first recording of the invention including the relevant date, names of the inventors and scope of the invention.
The description of the invention in the disclosure must lay emphasis on the fulfilling of the requirements of patentability, such as novelty and non- obviousness of the invention. These criteria’s are to be met with in the invention disclosure whilst ensuring that the specifications are well-explained, such that a layman may reproduce or make use of the invention.
Novelty search USA & Canada | Patentability Search | InventionIPInvention ip
Explore the essential steps to master novelty and patentability searches for your invention with our comprehensive guide. Learn how to navigate the complexities of intellectual property, ensure uniqueness, and maximize the potential for patent approval. Dive into expert insights and practical tips to protect your innovative ideas effectively. Start your journey to securing your intellectual property today!
Ready to uncover the uniqueness of your invention? Start your journey towards securing intellectual property rights today with our advanced novelty and patentability search services. Visit InventionIP Novelty & Patentability Search for more details.
The CREATE Act -- As viewed from the Ivory Towers and from the TrenchesKevin E. Flynn
On December 10, 2004, Congress passed the Cooperative Research and Technology Enhancement (CREATE) Act to promote collaborative research and development efforts between inventive entities. The act expands 35 USC § 103(c) to allow research partners to share confidential information without creating a bar to the patentability of their joint inventions.
InventHelp: How To Patent Your Invention Idea?SuzanneBuckley6
Remember that every inventor's situation is unique, and what works for one inventor may not be the
best fit for another. Carefully evaluate your options, consider the pros and cons, and make an
informed decision based on your specific needs and objectives.
1. The following information is intended to provide guidance to the Georgia Tech research community.
The following information is intended to provide Georgia Tech inventors, especially our entrepreneurial
students, with a very basic understanding of the subject matter to work with intellectual property
professionals and potentially enhance patent coverage. This is not legal advice.
Posters: Intellectual Property Rights in Peril?
Under Section 102 (b) of the US Patent Statue, a person shall be entitled to a patent unless…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 the application for
patent in the United States. (Note that in most non-US jurisdiction, the one year “grace period”
does not exist).
As affirmed by case law, a technical poster can be considered a printed publication and have a
negative impact on your ability to obtain patent protection if the poster sufficiently discloses all
or a portion of your invention. If the presented information, including but not limited to the text,
illustrations, diagrams, and flowcharts, sufficiently describes the invention to “enable” someone
ordinarily skilled in the applicable field to practice your invention you have twelve months in
which to seek patent protection in the US. Therefore, if the poster describing your invention is to
be used in a publicly assessable setting, and you wish to mitigate risk when seeking patent
protection, it must not fully disclose the novel features of the innovation.
It is foreseeable that the information contained on the poster is not the invention claimed in an
eventual patent application. Rather as your research progresses the innovation evolves. In such
an instance, it is important to understand that as the patent clock expires, the information
contained on the poster and made publicly accessible could become prior art to the patent
application. Where prior art is any publicly known information that pre-dates your earliest
patent application.
Section 103 of the code provides that a patent may not be obtained “though the invention is not
identically disclosed or described if the differences between the subject matter sought to be
patented and the prior art are such that the subject matter as a whole would have been obvious at
the time the invention was made to a person having ordinary skill in the art.”
For this purpose, it is relevant to ask yourself as you prepare your poster “would the invention be
obvious to someone skilled in the applicable field given the information provided on the poster
alone or in combination with other pieces of prior art or their knowledge”?
Other factors to consider:
(a) the length of time the posters are to be displayed. Is it more than a PowerPoint
presentation during a conference proceeding;
(b) the expertise of the audience;
(c) the lack of expectation of confidentiality from the audience; and
(d) the ease at which the material could be copied.
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A special thanks to the intellectual property attorneys at Troutman Sanders for their assistances
and willingness to share their knowledge with the Georgia Tech community.