On March 16, 2013, the U.S. patent system switched to a “first-inventor-to-file” system.
Dates of disclosure are important because, in the United States, inventors generally have one year from the date of public disclosure to file a patent application. Once one year has passed from the public disclosure date, patent rights may be lost.
Most foreign countries have an “absolute novelty” requirement, meaning patent rights may be lost immediately upon public disclosure of the invention.
Although the University does not frequently pursue foreign patent protection due to the associated costs, inventors are strongly encouraged to submit an invention disclosure to OTC well before any public disclosure so that foreign filing options remain available for potential licensees.