In general, a “public disclosure” is
the release of information about the discovery in sufficient detail
to allow a fellow scientist in the field to make, use, or apply
the invention to their research. Public disclosures by the inventor
or other scientists in the field may limit or destroy the patentability
of an invention. This situation can be avoided by submitting your
EIR to the NINDS TTO well in advance of any contemplated public
disclosures.
Examples of a potential public disclosure include; Posters, talks,
abstracts, publications, internet publications of any kind, public
database, or can be just informal discussions with colleagues outside
of NINDS.
How can you avoid a disclosure but still interact with you research
colleagues? In advance of such discussions, either file an EIR far
enough in advance that the review process can take place and a decision
made on whether to patent or not or you should ask the NINDS TTO
to work with the parties to whom you will be disclosing the details
of your research to agree to a confidentiality agreement which will
allow open discussion of your research without qualifying as a disclosure
for patenting purposes.
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