Technology Commercialization Russian Challenges, American Lessons (1998) / Chapter Skim
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Appendix E: U.S. Patent Law Provisions that Promote University-Based Patenting and Technology Transfer
Appendix E: U.S. Patent Law Provisions that Promote University-Based Patenting and Technology Transfer
Pages 107-111
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From page 107... ...
Sibley Myers Bigel Sibley & Sajovec, P.A. The United States currently operates under Me Patent Act of 1952, which was codified as Title 35 of the United States Code.
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From page 108... ...
THE GRACE PERIOD The United States is a grace-period jurisdiction: if a professor publishes his or her invention, he or she has one year from the date of first publication to file a patent application before that invention passes into the public domain.3 If the professor waits more than one year, then patent rights are forfeited. Most other jurisdictions are absolute novelty jurisdictions.
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From page 109... ...
Protection of this type of technology is much easier when the patent statute, case law, and judicial system maintain an open door to patentable subject matter. GENERIC PROTECTION IS AVAILABLE Reasonably generic protection can be obtained for most inventions in the United States: that is, the patentee cannot only preclude others from making, using, or selling that which the patentee has made, but can preclude others from making, using, or selling logical and reasonable extensions of that which the patentee has made.
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From page 110... ...
Given the pressure to publish early, the frequent need to preserve patent protection in "first-to-f~le" jurisdictions outside the United States, and the high cost of interference proceedings, the mere fact that the United States is a f~rst-toinvent jurisdiction is not of great advantage to the university community. However, a side benefit of the f~rst-to-invent system is that the United States has a well-developed law of inventorship.
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From page 111... ...
Few patents ultimately cover commercial products and most patent applications must be filed before their commercial viability is confirmed. However, it has become apparent that university technology transfer programs cannot afford to pursue patent protection on highly speculative or extremely early-stage technology, no matter how meritorious the underlying science may be.
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