When to Disclose an Invention to OTL

As a UC Berkeley employee, as soon as your research has resulted in something novel, non-obvious, and useful, submit an invention or software disclosure to the UC Berkeley Office of Technology Licensing (OTL).

Timing matters. Always submit the disclosure:

  • Before a public enabling disclosure: prior to any public presentation or publication.
  • Before collaboration with external partners: If you are planning to collaborate with companies or other institutions, make sure to file a disclosure first to secure the university’s rights over the invention.
  • When in doubt, ask OTL. Contact OTL staff directly or submit a question to the IPIRA Concierge.

 Ideally, submit a disclosure to OTL at least 1-2 months before a public enabling disclosure.

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Is there a grace period for filing patent applications after a public disclosure?

Online resources often mention a “one-year grace period” for filing U.S. patent applications. However, these resources don’t consider international patent law, first-to-file litigation risk, and other factors. The best time to engage with OTL is before a public enabling disclosure.

What are the consequences of publishing or talking publicly about an invention before disclosing it to OTL?

The free and unfettered dissemination of information, knowledge, and discoveries generated by researchers is an essential element of the university's mission. The guidance for researchers to disclose discoveries to the OTL before public dissemination aligns with the goal of ensuring that impactful innovations can benefit society fully.

Invention disclosures allow the OTL to assess the commercial potential of your invention, protect intellectual property (IP) rights, and possibly move toward licensing or commercialization. Publicly revealing information about an invention before...

What Consitutes Public Enabling Disclosure?

A public enabling disclosure of an invention triggers a 1-year deadline for filing a patent application on that invention in the US and disqualifies filing a patent application on that invention in most non-US nations. Public enabling disclosure of an invention refers to any communication or sharing of key information about the invention that makes it available to the public. Here are common examples of public enabling disclosure:

Publishing in a peer-reviewed journal, book, or conference proceedings Presenting a talk or poster at a conference Posting information on any public online...

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