At times, Patent professionals find themselves tasked with evaluating an invention disclosure when all they have to work with is a journal article. While this can be a challenging task, there are a few key things to look for:
- First and foremost, look for clear and concise language that describes the invention. The journal article should provide some information as to description of the invention, including how it works, what problem it solves, and how it differs from existing technology. This information is essential to determine if the invention is patentable.
- Next, evaluate the potential market for the invention. The journal article should provide some indication of the market need for the invention and ways it could be commercialized. This information is critical to determine the value of the invention.
- Another factor is the level of detail provided in the journal article. A well-written article should provide enough information to enable a person skilled in the art to reproduce the invention. This is important to ensure that the invention is fully disclosed and can be adequately protected by a patent.
- Finally, look for any potential challenges to patentability. For example, if the invention has been disclosed in a prior publication or has already been published, it may not be eligible for patent protection.
Evaluating an invention disclosure based on a journal article can be challenging, but by looking for clear language, assessing the potential market, evaluating the level of detail provided, and identifying potential challenges to patentability, an experienced patent attorney can make an informed decision about whether the invention is worth filing in a patent application.
McCoy Russell has substantial experience with academic and research institutions and their technology transfer offices providing specific support tailored to the unique challenges presented in academic and research environments pursuing technology commercialization. Contact us at [email protected] if we can be of assistance.
