How can Reclamation protect its intellectual property?
Why should Reclamation employees care about intellectual property?
Reclamation’s research's overall objective is to create and promote the adoption of innovative solutions to mission challenges. However, when ideas are prematurely or otherwise inadvertently disclosed outside of Reclamation, Reclamation's technology transfer options may be heavily compromised--making it more difficult to bring innovative ideas to reality. Mishandling intellectual property can reduce its value to zero. This ultimately hurts the ability of Reclamation’s R&D monies to achieve an acceptable return-on-investment.
But Reclamation is a government agency. Shouldn't Reclamation share information freely?
This is not to say that Reclamation withholds research results from widespread distribution. Rather, Reclamation evaluates and protects new innovations to help them become reality.
Reclamation needs to make a conscious, well thought out decision as to whether or not it is in the best interest of the government to seek intellectual property protection for the invention. For government organizations with an in-house research function such as Reclamation, the emphasis is on getting technology transferred and used to benefitReclamation and its stakeholders.
Generally, if it is determined that intellectual property protection, such as a patent, is warranted to entice commercial investment in maturing the technology, then it makes sense to seek that protection. If on the other hand, it can be determined that the most effective means to getting the technology put to work is through widespread public disclosure, then no protection need be sought. The important point is this: the decision to protect or not-protect is best made from a position of strength. This is possible only when potential intellectual property is properly handled from the moment of invention.
What should Reclamation employees do?
When Reclamation employees conceive or create solutions, immediately:
1) Document the idea to protect it from disclosure outside
of Reclamation
2)Evaluate the idea for potentially valuable IP content.
3) Work with Reclamation's Technology Transfer Liaison
What should Reclamation employees NOT do?
Before Reclamation employees get guidance from the Reclamation’s Technology Transfer Facilitator, do not:
· Publish anything about the new idea, invention,
or process
· Give a presentation about the idea, invention, or process
· Tell anyone outside your immediate team about the idea, invention,
or process
What forms should Reclamation employees fill out?
There are two key legal instruments that can be used to protect IP during the period between when discovery first occurs and when patent, trademark or copyright protection begins. This is the Report of Invention (Form DI-1215) and the Non-Disclosure Agreement (Form NDA_TBD).
How do Reclamation employees document
and report a new invention?
The term “invention” means any invention or discovery which is or may be patentable under Title 35 of the United States Code.
When a Reclamation employee has a patentable idea, immediately prepare a Report of Invention (Form DI-1215). *Preparing this document is an important first step in assessing the merits of seeking patent protection for the invention. Prepare and sign this in triplicate. Then forward this to the Technology Transfer Liaison for evaluation. Contact the Technology Transfer Liaison for any assistance you may need during the preparation.
Form DI-1215 addresses ? three levels of maturity: conception of the invention, the diligence towards reducing the invention to practice, and the reduction to practice.
When should Reclamation employees report inventions?
Inventors are responsible for reporting all inventions, whether or not related to their work, so that the rights of the employees and the government to the inventions may be determined.
If you are going to build, test, or practice the invention quickly, then report it shortly thereafter. If you are not going to use it quickly, then report the idea immediately.
More information related to the respective rights of the employee and the government in inventions can be found in the Department of the Interior manual TBD.