FREQUENTLY ASKED QUESTION | Office of the Deputy Vice Chancellor (Research & Innovation)
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FREQUENTLY ASKED QUESTION

Intellectual Property Right
1
What is an Invention?

An invention is a new and useful idea, product, process and device or a new and useful improvement upon one of these which will lead to the solution to a specific problem in the field of technology.

2
What makes an invention patentable?

An invention is potentially patentable if it satisfies all three of the following: Novelty: The invention must be novel, i.e., new and original. An invention cannot be considered novel if it has been disclosed or made known to the public, used, published or patented by others anywhere in the world before the date the invention was made by the applicant. Non-Obviousness: The invention must not, at the time it was made, be considered obvious to a person of "ordinary skill" in the field of the invention. Utility: The invention must be useful and beneficial, i.e., it must have a practical application in any kind of industry.

3
Will disclosure of an invention put at risk the right to patent protection?

Public disclosures such as publications, posters, lectures, abstracts, conference, etc., made prior to the filing of patent application will put at risk or eliminate the possibility of obtaining patent protection. Although patent law allows a one-year grace period between the first public disclosure of an invention and the filing of a patent application, most other countries do not. In these countries, the right of patent protection is lost immediately upon disclosure. We therefore wish to emphasize on the importance of not disclosing publicly any potentially patentable information before consulting with PSP. We have the ability to file a provisional patent application the same day you send us an abstract or manuscript. In no instance will your publication be delayed. A patent application filed prior to publication protects the rights in your invention without affecting your ability to publish, and may be of great value to you and UPM in the future.

4
What is considered a public disclosure of an invention?

Anything that is readily available to the public that describes the basic ideas in enough detail that someone else would be able to make and use the invention is considered a public disclosure. Public disclosures can take place in many different forms, for example, journal papers, abstracts, conference presentations, showcases/exhibitions, publications on websites or even dissertations indexed at the library. Showing or telling these ideas may also constitute disclosure, as does selling or offering for sale a prototype of the invention.

Updated:: 24/12/2013 [asrizam]

Office of the Deputy Vice Chancellor (Research & Innovation)
Universiti Putra Malaysia
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