Frequently Asked Questions
鈻 What is Intellectual Property?
Intellectual property is intangible personal property that can be characterized as
invention, discovery, know-how, technological development, computer software, or even
trade secret. It is protected by copyrights, trademarks and patents and is an asset
to its owner. If protected adequately, intellectual property can be managed to benefit
the owners and inventors as well as the public interest.
鈻 What is a Patent?
A patent is a grant of the right to exclude others from making, using, or selling
an invention and includes a right to license that invention to others to make, use,
or sell it. Patent protection lasts for twenty years from the earliest filing.
鈻 What is Copyright?
Copyright is a form of protection provided to the authors of 鈥渙riginal works of authorship,鈥
including literary, dramatic, musical, artistic, and certain other intellectual works.
This protection is available to both published and unpublished works.
鈻 What is trademark?
A trademark is a mechanism that allows for the protection of signs, logos, phrases,
expressions and designs that represent products or services. A trademark can include
a device, brand, label, name, signature, word, letter, numerical, shape of goods,
packaging, color or combination of colors, smell, sound, movement or any combination
thereof which is capable of distinguishing goods and services of one business from
those of others. Trademarks need to be maintained through lawful use otherwise they
expire.
鈻 What is trade secret?
A trade secret can include a formula, pattern, compilation, program, device, method,
technique or process that gives an opportunity of a company to obtain an economic
advantage over competitors who do not know or use it. Trade secrets are only protected
by the information remaining a secret.
鈻 What is Public Disclosure?
Public disclosure is a key event in the patentability of an invention. Any presentation,
publication, poster session, web posting, seminar, thesis defense or other dissemination
of the enabling technology embodied in the invention is considered a public disclosure
and starts the patent clock ticking. Once a public disclosure has been made, the ability
to file foreign patents is lost and a one year period begins for filing patents in
the US.
鈻 What is the difference between Inventorship and Authorship?
The difference between authorship and inventorship is an important distinction. Authorship
on a manuscript follows traditional academic practice in recognizing various contributions
to the preparation of the paper. However, an inventor is a person who contributes
substantively to the conception or reduction to practice of an invention. A final
determination of inventorship typically is made by a patent counsel once the patent
application is prepared. Inventorship and authorship are not equivalent, and incorrect
inventorship can lead to the invalidation of a patent.
鈻 How do I collaborate with industry?
The 杏吧论坛 is actively collaborating with industry partners.
If you currently have a relationship with a company, we can help you formalize that
relationship. If you are looking to develop new relationships, we can facilitate
interactions between you and key industry collaborators. Contact OCIC by calling
+1 (251) 460-7932 or by emailing techtransfer@southalabama.edu to discuss further details.
鈻 Where do I go for an MTA?
MTAs for both incoming and outgoing materials are located in the MTA navigation tab
on the OCIC website.
鈻 How do I submit and invention disclosure?
To submit an invention disclosure click on the 鈥淪ubmit Invention Disclosure鈥 button
on the OCIC homepage. This will bring you to the online inventor portal. For detailed
instructions on how to submit an invention disclosure, follow this link to access the inventor portal user guide.
鈻 How do I use the Inventor Portal
A guide to the Inventor Portal can be found by following this link.
鈻 How do I approach USA about licensing technology?
You can browse currently available technologies by clicking on the 鈥淪earch Technologies鈥
button on the OCIC homepage. You can also contact OCIC by calling +1 (251) 460-7932
or by emailing techtransfer@southalabama.edu.
鈻 How do I collaborate with USA?
The 杏吧论坛 is open to many different types of collaboration that
are mutually beneficial to both parties. We actively engage in academic collaborations,
material transfers, visiting scholars, industry sponsored research, and non-profit
partner for SBIR/STTR grant awards. To collaborate with USA you can contact OCIC
by calling +1 (251) 460-7932 or by emailing techtransfer@southalabama.edu.
鈻 How does USA collaborate with small businesses on grant opportunities?
The OCIC actively seeks industry partners that are interested in applying for small
business grant opportunities. We see SBIR/STTRs as an excellent mechanism to develop
university technology and strengthen relationships with small business partners. To
collaborate with a USA faculty member or utilize one of our technologies in your small
business grant application, contact OCIC by calling +1 (251) 460-7932 or by emailing
techtransfer@southalabama.edu.
鈻 Can I publish a journal article and still file a patent?
You may publish a journal article and still file a patent. However, this publication,
or any form of public disclosure, will limit our ability to file a patent outside
of the US. In the US, inventors have a one-year grace period after information is
publicly disclosed to file a patent. It is always best to contact our office as soon
as possible, especially if you are thinking about publishing information related to
intellectual property. We will never prevent you from publishing but we can discuss
a strategy that will allow for optimal intellectual property protection and publication.