Why, how and when to disclose an invention

©Unitectra AG 2025

Generating new knowledge and sharing it through publications in peer-reviewed journals is the goal at the heart of academic research. However, in some cases, specific research results may have a commercial potential or broader societal impact that warrants patent protection before publication. This can be crucial where the invention could become the foundation of a startup, attract external funding for further development, or enable practical application that benefits society.

Recognizing these opportunities early and disclosing them to Unitectra, the Technology Transfer Office (TTO) of Universities of Basel, Bern and Zurich is a key step in ensuring both academic and real-world impact.
 

How to disclose?

The process is straightforward. It involves completing a Confidential Invention Disclosure Form (CIDID), available from Unitectra’s website for the Universities of Basel, Bern and Zurich. What to expect:

Information on inventors: names of inventors, departments, with the main objective of determining the inventors and finding out if only the university or also other institutions have any rights in the invention. (For more information regarding the difference between authorship and inventorship we refer to our previous article on inventorship.)

• Description of the invention: questions about the invention, to provide a clear, technical explanation of the idea, how it works, and what problem it solves. You are asked to provide the closest state of the art. Plus some important questions around the development stage: if  it is still conceptual, has been tested, or is in prototype form.

• Questions around public disclosures: any upcoming or prior presentations, publications, or thesis submissions. Any public disclosure will destroy patentability, so it is important to understand past disclosures and publication plans.

• Checking potential rights of third parties: it is essential to identify any third-party rights that may affect the invention. These can arise from previous agreements such as Material Transfer Agreements (MTAs), sponsored research contracts, collaboration agreements, or even informal exchanges with external researchers.
• Assessing commercial potential: ideas for application, potential markets, or known interest from companies or plan to create a new company (spin-off company).
• Once submitted, Unitectra will review the disclosure, discuss it with the inventors to clarify details and determine the next steps.
 

When to disclose?

You should disclose your invention as soon as it is sufficiently developed to be described in detail—even if further experiments are planned. Indicators that it is time to disclose include:
 

• You have developed a new method, composition, device, or process that solves a specific problem
• You are preparing to submit a manuscript, thesis, or conference abstract

• You have obtained promising results from a new research approach that could have practical applications

• You are beginning to discuss your work with external partners or companies
 

In short: disclose before you publish, present, or discuss publicly. Until your invention is properly protected, or the decision is reached not to file a patent application, keep it confidential. Avoid sharing details outside your immediate research group unless a non-disclosure agreement (NDA) is in place. Unitectra can help draft and execute NDAs with external collaborators or companies.
 

What to expect after disclosure?

Once an invention is disclosed, Unitectra works closely with the inventors to assess its potential for patent protection and commercialization. This is a collaborative process that includes evaluating the invention’s novelty, market relevance, and alignment with potential licensing or startup opportunities. A patentability search may be conducted.

The decision to file a patent application is made jointly. If the invention shows promise but requires more data or refinement, Unitectra may recommend delaying filing or supporting additional development. The goal is always to make informed, resource-conscious decisions that give the invention the best chance of delivering impact—whether through publication or commercialization.
 

Not every disclosure becomes a patent application— and that is okay

It is important to understand that not all invention disclosures lead to a patent application. On average, slightly less than 50% of submitted disclosures result in a filed patent application. This is not a reflection of research quality, but rather of strategic fit—patents are pursued when there is a strong combination of novelty, commercial relevance, and potential for real-world application.