Protecting Your Intellectual Property
Invention disclosure is a critical step in protecting your intellectual property and in ensuring that Tulane University abides by the terms of the federal Bayh-Dole Act. Under Bayh-Dole, researchers are required to disclose all inventions made under federal funding any time such inventions are developed, 90 days before any use of the invention as described below.
If the federal government discovers that a researcher or Tulane University has not fulfilled the disclosure requirement, or any other obligation, the federal government has unlimited time to assert ownership of the invention. This means that ownership of the invention would transfer from Tulane University to the government and neither the inventor nor Tulane will have any rights or receive any revenues related to that invention. It is Tulane University's goal to avoid that situation and protect Tulane's inventors.
Invention disclosures can be filed easily and quickly using Tradespace, a secure online portal. Simply log on to Tradespace with your Tulane credentials.
Steps in the invention disclosure process are outlined below. You can refer to our Invention Disclosure Frequently Asked Questions page for additional information.
Steps in the Invention Disclosure Process
1. Submit an Invention Disclosure
Tulane Researchers disclose their inventions using Tradespace a secure online portal that is accessed using your Tulane credentials. An invention disclosure typically takes about 5 minutes to complete in Tradespace.
The basic information needed includes:
- a list of inventors and their emails
- funding source(s)
- abstract/description of the invention's novel features
- and, preferably, a manuscript draft.
There is a guide you can download, Guide To Completing An Invention Disclosure Form (PDF), that walks you through each step of the disclosure process in Tradespace.
2. Assignment to Licensing Team Member
Once your invention disclosure is entered in Tradespace, it is assigned to the OIPM licensing team member who works with your department. The licensing team member will contact you within 7 days to meet or send follow-up questions.
3. Meet to Review Disclosure
At a virtual or in-person meeting, your OIPM licensing team member will gather additional information, learn more about your idea, and work with you on determining a potential patent filing and, ultimately, commercialization of your invention.
4. Decision on Intellectual Property Protection
The Office of Intellectual Property Management licensing team reviews the disclosure to determine whether to file a patent application on the invention. The review includes researching the market, identifying competitive technologies, and determining whether prior art exists. Within 90 days of the invention disclosure filing in Tradespace a decision will be made and communicated to the researcher. The options include:
- Pursue IP protection using outside legal counsel
- Not file for IP protection but actively market invention
- Wait until more data is available, then decide whether to pursue IP protection
- Waive rights to the IP and assign it to the inventor(s) OR the federal government if the research was federally funded
5. Licensing Process Begins
See the End-to-End Commercialization Process page for more information.
6. Frequently Asked Questions
See the Invention Disclosure Frequently Asked Questions page.
