Public disclosure is the release of information regarding a discovery or invention in sufficient detail to allow others in your field to take advantage of your discoveries - make, use, apply and benefit from your work - without giving you credit or acknowledgment.
What is the importance of public disclosure?
Any public disclosure may jeopardize patent protection. In Canada, patents are awarded to the first inventor to file an application. Therefore, it is essential that your invention is kept confidential until you decide how you would like to proceed. The first step in getting our help is to fill in and submit an Inventor Disclosure Form (IDF).
What forms can public disclosure take?
Public disclosure can take on many forms: posters, abstracts, scientific meetings, collaborations, informal discussions and emails can unknowingly lead to the disclosure of important information.
What if I want to publish or present at a conference?
Submitting an IDF to the TTO will allow for an assessment of patentability. If it is determined that it is in the best interest of the researcher to protect their invention, the TTO will begin the process of commercializing the technology. Once a provisional patent is filed, you may freely interact with your research colleagues.
What information is collected on an IDF?
Title of the invention, the general purpose of the invention and the problem it solves, names of the inventors and developers, a list of obligations to third parties and a timeline of events.
When should I submit an IDF to the TTO?
Ideally the IDF should be submitted to the TTO at least two months prior to any public release of information. It is important for you to plan for Intellectual Property (IP) development during the research planning stage. However, an IDF can be accepted just prior to publication. If a public disclosure has been made, we may be able to file in for patent protection in Canada and the U.S., however, worldwide protection will be lost.
For more information about Public Disclosure or any of the other services available from the TTO call 204.474.6200 or email tto@umanitoba.ca.
In Canada, what is considered Public Disclosure?
A Verbal presentation with slides?
Submitting a paper to a journal?
Outlining hypothesis in a grant proposal?
Telling someone over a beer?
Showing someone during a lab tour?
Thesis defense?
Proposal to a potential licensee?
Prototype in a booth at a tradeshow?
Providing a formal “Offer to sell”?
A Poster @ a scientific conference
Answer: All the above!