Home > Investigators > Patent FAQs

A number of Frequently Asked Questions (FAQ) are provided below in an
attempt to address those questions asked most often. CSRL is happy to add new FAQs and their answers to this page. Please submit your questions to us via e-mail at csrl@partners.org
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What can be patented?
A utility patent may be obtained for a new and useful process,
machine, article of manufacture, composition of matter, or for an
improvement thereof. A design patent may be granted for a new,
original and ornamental design for an article of manufacture. Patents
may also be granted for certain types of plants and microorganisms.

What should be done if I think I have made an invention?
The inventor should submit an invention disclosure for all inventions regardless of the source of funding (federal, non-federal and commercial/industrial). Refer to our page on Reporting an Invention to CSRL. Completed disclosures should be sent to the Corporate Sponsored Research & Licensing for review. Please see our Contacts page for our mailing address.

What are the requirements for patentability?
A patentable invention must be novel, i.e., new and original; it must
have utility, i.e., it must have a clear use; and it must be non-obvious, i.e., even though it is new, it "must not be obvious to one of ordinary skill in the art to which the invention applies."

What may prevent obtaining a patent?
An applicant shall be entitled to a U.S. patent unless:

a. Before he/she made the invention, it was known or used by others in the U.S. or was patented or described in a printed publication in the U.S. or a foreign country.
b. The invention was patented or described in a printed publication in the U.S. or a foreign country, or was in public use or on sale in the U.S. more than one year before the date of filing a U.S. patent application.
c. The applicant for patent has abandoned the invention.
d. The applicant patented the invention in a foreign country more than twelve months prior to the filing date of the U.S. patent application.
e. The invention was described in a U.S. patent granted in an application
filed by another before the invention was made by the applicant for patent.
f. He/she did not invent the subject matter sought to be patented. g.
Before the applicant made the invention, it was made in the U.S. by
another who had not abandoned, suppressed or concealed it.

What is the effect of a publication on U.S. and foreign patent rights?
A U.S. patent application must be filed within one year if the date of a publication anywhere in the world which discloses the invention. Failure to do so is a bar to a U.S. patent. A publication, anywhere in the world, which describes the invention is an immediate bar to a patent in most foreign countries. In foreign countries which adhere to an International Convention, a publication which describes an invention is not a bar to a patent provided that the publication appeared after the filing date of a U.S. patent application on the invention and provided that the foreign patent application is filed within one year of the U.S. filing date.

What acts constitute completion of an invention?
Two acts constitute completion of an invention, i.e. conception and reduction to practice. Actual reduction to practice is successfully using the invention in its intended way. This should be witnessed and the date recorded. Constructive reduction to practice is achieved by the filing of a U.S. patent application. A written description of an invention should be made, witnessed and dated as soon as possible after conception, since dates of conception and reduction to practice may be necessary to establish priority of invention.

What is a patent?
A U.S. patent is a limited monopoly which grants the patentee the right to exclude others from making, using or selling the invention in the U.S. for the life of the patent. The owner of a patent may authorize another party to make, use and/or sell the invention under a license agreement which defines the associated terms and conditions. Since a patent grants only "the right to exclude others," it is possible that a patentee may not be able to practice his own patent if it is dominated by a patent belonging to another party.

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