Intellectual Property

Intellectual property or “IP” refers to creations of the mind and includes includes inventions (patents), trademarks, industrial designs, geographic indications of source and copyrights. Universities gained the right to retain title to IP derived from federally funded research, and thus pursue economic benefit, as a result of the Bayh-Dole Act of 1980. Most IP developed at universities is protected via patents. The U.S. government grants a period of exclusivity, typically 20 years, for the use of the invention. This is granted in exchange for a public disclosure of the invention, which others may use once the period of exclusivity expires. The goal of Penn State’s Office of Technology Development (OTD) is to commercialize new products and services through the transfer of technologies to existing companies and supporting the creation of start-up companies.

Benefits of Patenting

• Patenting and related costs for invention disclosures are paid by Penn State.
• The OTD guides inventors through the patenting process to achieve the strongest patent possible.
• License agreements provide income to the inventor.
• Patenting is a method for translating an inventor's work for the benefit of society.
• Patents are a method of publication.

Types of Patents and the Patent Process
 

U.S. Patents can be designated either as design, utility or plant. A design patent relates to an article of manufacture. A utility patent protects compositions of matter, processes, machines or articles of manufacture. A plant patent provides for a new variety of plant.

The patent process can be complex and can include various technical elements depending on the nature of the invention. Presently, U.S. patent law grants patents to the earliest inventor of a technology that has developed and sought to protect the invention; known as “first to invent.” Most other countries base their patent law on a “first to file” system whereby a patent is granted to the first to seek it. In the U.S., a provisional application can be filed in order to receive a priority date from the USPTO. A provisional application is less comprehensive than a full patent application and does not include formal patent claims. A provisional application is not made public, is not examined by a USPTO examiner and expires one year from the date of filing unless a non-provisional application is filed which claims the priority of the provisional application.

Most countries throughout the world have agreed to the international Patent Cooperation Treaty (PCT). PCT applications provide protection of inventions in countries throughout the world. The PCT application process is more complex and more expensive than the USPTO process.

For additional information and guidance on patents, please contact the Office of Technology Development. You may also visit the USPTO website at www.uspto.gov.