Patent Overview

In the case of an invention, the assigned Innovation and Commercialization Manager (ICM) will provide guidance on potential patent claims (for composition, method, device, article of manufacture) and possibly filing a provisional patent application, which will establish a priority date for your invention. Key questions include:

• Does your invention meet the criteria of subject matter eligibility, novelty, non-obviousness or inventive step and usefulness?
• Is there sufficient enablement of your invention (details of making and using it)?
• Will there be further development within the coming year?
• Would your invention be of commercial value and interest?

You should keep your ICM updated on subsequent progress in the development of the invention. This will be a factor in deciding whether or not to proceed with a full application by the 1-year anniversary of the provisional filing. In the absence of further technology advancement and evidence of commercial value and interest, a full patent application will typically not be pursued. Pursuit of a full patent application involves stages of patent prosecution which are directed towards the issue of potentially valuable patent claims.

Intellectual Property Overview

Intellectual property (IP) is considered those intangible creations of the mind, which may be protected under patent, trademark and/or copyright laws to prevent others from the unauthorized production, copying, use or sale of the IP. When we talk about disclosing and patenting your work, the Office of Innovation & Commercialization focuses on how we as UC San Diego can best understand and protect your work.  

Want to learn more about IP? Review this comprehensive University of California course on “Intellectual Property Essentials for Academic Researchers.”