Weber State University's Technology Commercialization Office provides a structured framework for inventors to navigate the complexities of intellectual property and market commercialization. The office assists the university community by reviewing patentable disclosures, seeking intellectual property rights, and licensing new technologies.
Steps for Inventors
The process for inventors begins with the submission of a Confidential Disclosure Sheet to the Technology Commercialization Office. This document allows the office to assess the potential commercial opportunities and intellectual property of an invention, which is intended to expedite the commercialization process. Once the disclosure is reviewed, the office schedules an appointment to discuss the invention in detail.
Market and Patent Research
Before meeting with the office, Weber State advises inventors to conduct a prior art search and evaluate potential competitors. A prior art search involves reviewing hundreds of patent documents, often using tools like Google Patent or the United States Patent and Trademark Office database. Inventors are also encouraged to identify potential consumers and determine if their technology performs better or costs less than existing products in the marketplace.
Leadership and Expertise
James Taylor serves as the Director of the Technology Commercialization Office and the Director of the Office of Sponsored Projects. Taylor, a graduate of the S.J. Quinney College of Law at the University of Utah and Utah State University, has experience licensing 27 technologies and facilitating the formation of eight to ten startups at a previous university.
Types of Patent Protection
Patent protection in the United States requires filing an application with the United States Patent and Trademark Office. There are three distinct types of patents: utility patents, which grant 20-year monopolies over new and useful inventions, design patents, which grant 14-year monopolies over ornamental designs, and plant patents, which grant 20-year monopolies over new asexually produced plants.
Legal Framework and Utility
The Leahy Smith America Invents Act, which has been fully enacted since March 16, 2013, governs patent law in the United States. Under current law, utility patents require that an invention be novel, non-obvious, and useful. While utility is often the easiest requirement to meet, the USPTO considers various levels of utility, including credible, specific, and substantial utility.
Risks of Public Disclosure
Inventors must be cautious regarding public disclosures, such as academic publications or presentations, which can result in the loss of patent rights. While the United States allows a one-year grace period to file a patent after a public disclosure, most international jurisdictions forfeit patent rights immediately upon disclosure.
