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Patents


What is a patent?
Patenting and publishing
What kind of inventions should be patented?
Ownership of inventions
How to proceed

 
What is a patent?


A patent is a government grant of the exclusive right to make, use or sell an invention, usually for a limited period (20 years). The patent is recognized as a species of property and has the attributes of personal property. Inventions that require high investments for their economic realization and are only interesting for an industry partner if they are protected by a patent.

An invention is patentable if it is considered novel, non obvious and if it is useful. Scientific theories without a specific application are not patentable. Before a patent application has been filed the invention is in no case to be published or revealed during a presentation.

The invention is disclosed in a patent specification. The patent specification comprises the description, the patent claim, the summary and the illustrations. Patents are granted only after examination of a patent application by trained inspectors. In the patent specification the invention is described to such detail that it is understood by an expert. The patent claims are concise descriptions of the invention and the necessary protection for each case. Therefore, a clear formulation of the claims is highly important.

Because the patent holder has the right to exclude others from producing, selling or using the invention he or she may authorize others to do any of these things by a license and receive royalties or other compensations for the privilege.





Patenting and publishing


If an invention has been published it can not be patented anymore. Therefore a patent application has always to be done before publishing. Notify Unitectra of your invention as soon as possible (Confidential Invention Disclosure Form).

When is a publication damaging for a patent?

  • Scientific publication
  • Presentation at a conference
  • Abstract at a conference (Poster, internet, abstract booklet)
  • Dissertation (will be published)
  • Institute seminar with guests
  • Annual report
  • Homepage
  • Discussion with scientists or firms without prior signing of a Confidential Disclosure Agreement

Not damaging is:

  • Publication submitted, reviewing is in process
  • Internal institute seminar
  • Request for research sponsorship (SNF; CTI)
  • Discussion with scientists or firms after having signed a Confidential Disclosure Agreement




What kind of inventions should be patented?


Patenting is expensive. To file for a patent makes only sense if an invention has a great commercial potential. It is often better to first look for a potentially interested commercial partner before filing for a patent. Such a partner can bear the costs for a filing and usually is granted as a compensation an option to a (royalty bearing) exclusive license.

If no industry partner has been found the university will only file a patent application if

  1. the invention is patentable (novelty, non-obviouness, usefulness) and no dependence on existing patents that would reduce its value exists, and
  2. a significant potential market is available, and
  3. it is shown that within a reasonable period of time the invention can be developed to a level of usefulness that would attract a business partner, and
  4. the university administration agrees to the costs being taken over by the university.




Ownership of inventions


Inventions made by university staff during or in connection with their official occupation belong to the university. If its commercialization leads to any profits the inventors are participated according to the relevant guidelines (Guidelines University of Zurich / Guidelines University of Berne).





How to proceed


If you have made an invention contact Unitectra as fast as possible. Phone us or fill in the Confidential Invention Disclosure Form and send it to us by mail, e-mail or by fax (Contact Details).

We offer the following support:

  • Acquiring information about the state of the art in the relevant field (patent searches)
  • Acquiring information about the ownership situation (other universities, firms)
  • Evaluation (economic, under patent law) together with the inventors
  • Negotiations with potential licensees
  • Elaboration, filing and supervision of patent applications (in collaboration with external patent attorneys)