An inventon is a physical embodiment of the "reduction to practice" of a discovery. For an invention to qualify for a US patent, the invention must be novel, non-obvious, and useful. Inventions may be a device, a manufacturable article or regeant, a composition of matter, a method or use, or a new, useful improvement.
University of North Dakota is a premier research institution with world class faculty and staff. The university also has made a priority of supporting interdisciplinary research, which makes UND technologies particularly exciting.
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What is Intellectual Property?
Intellectual Property is a category of intangible rights protecting potentially valuable products of the human intellect (Black's Law Dictionary). There are four main types of intellectual property managed by the Patent Foundation: patent rights, copyrights, trademarks, and trade secrets.
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I think I have something patentable, but I am not sure. What do I do?
Generally the first step in the disclosure process is to complete the Invention Disclosure Pre Form. Once completed or if you have any questions regarding the form, contact the Technology Transfer Office.
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I have developed a method, but not a tangible object. Is that patentable?
Yes. A method or process is patentable, if it meets certain criteria. In fact, the U.S. patent laws state that any "new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement therof" is patentable. As an example, the patent for the method of polymerase chain reaction (PCR) is one of the most widely practiced patents, and earns millions of dollars annually for the inventors and their universities.
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If multiple people, including graduate students, have contributed to an invention, how is inventorship determined?
Inventorship is normally ascribed to the individual whose name would appear on a patent. It is important to understand that different criteria are used in determining inventorship than are used for authorship of scientific papers. The inventor or inventors are those who were responsible for the creative breakthroughs which led to the invention. Ownership is not given to those working simply under the instruction of another individual. To be considered an inventor, you must be able to point to a specific idea of yours without which the invention could not exist.
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What does it cost to file and prosecute a patent?
Typically, the cost of preparing (filing) a U.S. patent will be between $6,000 to $9,000 depending on the complexity of the application. Prosecution of the application (the process of shepherding the application thru various stages of the patent review process prior to issuance) will increase the total cost between $13,000 to $25,000. Foreign patents can be extremely expensive, often in excess of $100,000 to $150,000 from filing to issue depending on the country.
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What happens if I move to another university, institution, or company?
According to University of North Dakota policy, all inventions conceived and/or reduced to practice at the University of North Dakota during a research or other assignment given to a staff member pursuant to a research project, grant or contract, or any other University administered program; or utilizing facilities, equipment, funds, or other contributions of the University; and provided that the University has not entered into a research grant or contract agreement with express provisions to the contrary, are assigned to the University. Inventions made by a staff member exclusively on his/her own time and without the aid of any University of North Dakota resources are the sole property of the Inventor.
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