質問
During my Ph.D. I researched a new technical method, which I believe to be unique as I have not seen any publication of similar work. As I would like to transfer full-time into developing the commercial applications of my research, I wonder how I can determine the patentability of my invention or its potential monetization in a timely and cost-effective manner. Also, the method developed was part of my own research and did not belong to the work the university had hired me to do -- how can my IP in the invention be affected by the university?
回答: 3 public & 0 非公開
Patentability for the US (I assume that your interests mainly will be directed to that country) consists of two aspects: 1) patent eligibility and 2) patentability in the narrow sens (i.e. novelty and non-obviousness). The second item has already been sufficiently addressed by Ms. Rigby.
For the US patent eligibility currently is in transit. At this moment the case law still would be dictating that business methods and diagnostic methods could possibly lack the extra technical character that would distinguish them from sheer mental processes or laws of nature. Thus, if your 'technical method' lies in internet applications for doing business or in methods to diagnose a disease on basis of the presence of biological markers, your invention could turn out to lack patent eligibility.
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