If you are a Wright State University inventor and you would
like to submit an invention for patenting consideration, please download and
fill out the WSU Invention Disclosure Form. The form should be filled out
completely including funding information, a detailed description of the
invention, and original signatures. We use this information to review your invention
for patenting purposes. If you are disclosing copyrightable materials (e.g. software,
video, music, questionnaire), please fill out the Copyright Invention
Disclosure Form. Please contact the Office of Technology Transfer with any
All Wright State University inventors must sign the
completed form. Please forward the signed completed form to our office to
complete the submission process.
1. Why does OTT need to know the funding information?
Most sponsored research projects have intellectual property
related obligations, and it is important for the University to comply with
these obligations. For example, the University is required to report to the
federal government any invention created using federal funding, whether or not
the University receives the funding directly or indirectly. In these cases, if
the University decides not to keep the title to the inventions, the federal
government may take title to the inventions or decide to relinquish title to
2. How much detail do the inventors need to provide to describe
The description of the invention needs to be as detailed as
possible. Without adequate information, the office cannot complete its
evaluation of the invention’s patentability and licensing potential.
3. If I publish a paper or presented my invention at a
conference before OTT files a patent application, can my invention still be
Possibly: a public disclosure precludes all foreign patent
Because of changes implemented by the America Invents Act, a
public disclosure may preclude filing a meaningful patent application covering your invention in the United States
as well. The America Invents Act created a first to file patent system in the
United States so if somebody files a patent application covering the same invention before we do, we have no recourse.
4. What is a public disclosure?
A disclosure is considered public if it is made available to
the general public and not made under a nondisclosure agreement. For example, a
journal article, a presentation at a conference, a thesis shelved in a library,
a published abstract, and a federally funded grant award are all examples of a
5. Why does OTT need my home phone and address?
We need to have a way of contacting you if we need to send
you a royalty check. Your home address is also needed when we file a patent
application. Please remember to update us when your home phone number or
6. Who pays for the cost of patenting? And how much does it
Wright State University pays the patent cost until it can
find a licensee to generate income to reimburse for these expenses. It
typically costs $25,000 to $35,000 to file and prosecute a U.S. patent
application. This includes the official fees paid to the U.S. Patent and
Trademark Office and the fees for the patent attorneys’ time (majority). Please note that there is no guarantee that a
patent application will be allowed even though we applied for one.
7. Who should be listed as an inventor? Does inventorship order
Authorship in a scientific publication and inventorship in a
patent application is very different. Inventorship is defined by law and it depends
on what is covered in the claims. As such, inventorship may change as patent
claims change while the patent application is undergoing examination by the
U.S. Patent and Trademark Office. To be an inventor, s/he must contribute to
the conception of the invention. The law does not recognize a person as an
inventor if such person merely follows somebody’s instructions or simply
provide funding, materials, or other resources.
The particular order in which the inventors’ name appear in
a patent or patent application is of no consequence insofar as the legal rights
of the joint inventors. It also has no bearing
regarding the amount of contribution to the creation of the invention.
For the purpose of filling out a Patent Disclosure Form,
name any person who has made a creative contribution to the invention. If
necessary, outside patent counsel will be used to determine inventorship.