Patents

What is a patent, and how does it work?

A patent protects findings upon which a new production process or product can be based. A patent is often an essential condition of investment in further development of a technique or product.

Patents and Publication
Patents do not, contrary to popular belief, have to form any hindrance to publication. The time of publication, however, must be after the submission date of the patent application (priority date). In the event that the findings are publicised (via articles or in a conference) before the patent application is submitted, protection becomes impossible. In practice, the application for a patent can take weeks or several months at most. Publication can take place after the application has been submitted. For more information, and access to patent databases, please visit the website of the Dutch Patent Office Octrooicentrum Nederland.

The Utrecht Holdings boast considerable expertise in the supporting of patent applications. Agreements will be reached regarding costs and resultant income between researchers and faculty members and/or the Utrecht Holdings before the submission of the application.

A patent is valid for the countries in which it is awarded and for a limited period of time, mostly 20 years, dated from the submission date of the application. In general, a discovery must meet 3 criteria in order to qualify for patent protection. These are as follows:

1. Originality

The product or process may not have been made public in any manner whatsoever anywhere in the world prior to the submission of the patent application. This applies also to the researcher himself (for example through the publication of a poster, or through presentation at a congress). If you are planning to communicate with a third party regarding your invention or discovery, make sure you have an appropriate Confidentiality Agreements. This provides, however, no guarantee of the originality of your discovery

2. Inventiveness

The discovery or invention may not be obvious to a colleague on the basis of the (public) state of the technology.

3. Industrial applicability

The finding or discovery must be demonstrably applicable in a well-functioning product or production process. For example, services, scientific theories, mathematical methods, ideas without tangible development, and aesthetical designs cannot be protected by a patent. Other forms of protection may be applied in such instances however, such as copyright, or trademark.

A license can be granted on a patent - this means that businesses pay in order to be able to use, or work, using the discovery. The option also exists to commercialize the discovery. As a consequence, a new business can be founded.

Obligation
The discoveries made by university/UMC employees are, from a legal standpoint, the property of the employer. The employer is obliged, should income be generated by a patent, to compensate the employee appropriately. The rules regarding the obligations of both the employer and employee have been established both in the patent laws and by the UU and UMC Utrecht CAO. In the event that you still have questions regarding publication, or regarding a patentable discovery, please contact Utrecht Holdings. An Invention Disclosure Form can found on this website also.