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FAQs
Patents
What is a patent?
According to the United States Patent and Trademark Office (USPTO), the right conferred by the patent grant is “the right to exclude others from making, using, offering for sale, or selling” an invention in the United States or “importing” the invention into the United States. The United States Patent and Trademark Office (USPTO) grant three different types of patents: Utility Patents, Design Patents, and Plant Patents. The most common patent granted to Harvard is a Utility Patent, which is defined as any new and useful process, machine, article of manufacture, composition of matter, or any new and useful improvement thereof. For example, a new drug for the treatment of cancer would be a considered a composition of matter and therefore filed as a utility patent.
Am I an inventor on a patentable invention?
In broad terms, an inventor is one who has made a substantial intellectual contribution to an invention. The OTD does not grant patents nor decide inventorship of patentable invention,s but does evaluate patentable opportunities and work with outside counsel in filing and prosecuting patents. A patent examiner at the USPTO determines the patentability of inventions and is responsible for granting patents. Inventorship is determined by a patent attorney according to United States patent law.
Why is it important to be mindful of public disclosure when filing for a patent?
To ensure eligibility for U.S. patent rights covering your work, a patent application must be filed within one year of publication. To maintain patent rights in the rest of the world, a patent application must be filed prior to publication. Therefore, if you are interested in developing your new inventions commercially, please contact OTD immediately if and when you are about to disclose new ideas or research results through the following: 1) submission of a pre-publication manuscript, 2) submission of a meeting abstract, 3) any kind of seminar (large or small) or other presentation.
Are patents pursued for all inventions?
At times, OTD may conclude that the cost of pursuing a patent application is not justified. OTD may also decide not to pursue patenting when there is extensive prior art, the resulting patent protection would be narrow, enforcement of the patent would difficult, or the relevant industry is unlikely to be receptive to licensing. In those cases, rights to sponsored inventions are handled according to the provisions of the sponsored agreement (e.g., for government sponsored inventions, rights are returned to the government). Alternatively, if the inventor is interested in developing and commercializing the technology, OTD may consider releasing the invention to the inventors or to license the invention to an inventor or inventors on reasonable terms and conditions.
Who decides whether to file a patent application?
Generally, the Director of Business Development is responsible for filing a patent on an invention, working in coordination with OTD’s Director of Intellectual Property.
Do OTD use inside or outside patent counsel?
OTD retains outside patent counsel to prepare and prosecute patent applications. However, outside patent counsel are closely managed and supervised by OTD’s Director of Intellectual Property and the relevant Director of Business Development, who ensure that the work product is of high quality.
Does OTD file foreign patents?
Yes, when appropriate, at the discretion of the Director of Business Development and the Director of Intellectual Property.