University Patent Filing Process

1. Inventor contacts OEIP for guidance, fills out new invention disclosure form (attaching copies of proposed manuscripts, presentation, etc.) and submits electronically to the OEIP Licensing Analyst deniseb@udel.edu
2. The Licensing Analyst assigns the invention disclosure a number, identifies the project manager for the case and sends disclosure to RatnerPrestia so they can assign an attorney. If support for the filing of a “cover sheet” simple provisional patent application has not been included with the invention disclosure (draft manuscript, proposed talk, or other written narrative) the project manager immediately obtains such disclosure so RatnerPrestia can file the simple provisional application as soon as possible.
3. Once simple provisional application is filed, the project manager will schedule a meeting of the inventor(s), the RatnerPrestia attorney, and the marketing intern to review the patentability of the invention and initiate the development of a marketing plan for the technology (utilizing the free hour of consultation by RatnerPrestia). The meeting format, face-to-face or audio, will be agreed upon by the RP attorney and the project manager. Other parties who the project manager feels can contribute positively to the outcome may be invited. During this meeting, the inventor(s) will (1) accept the obligation to work with RatnerPrestia to supply detailed information and file a fully enabled utility patent application within 9 months, and (2) identify any marketing opportunities to the project manager. The project manager will work with the marketing interns to start the process of developing the marketing plan* including any licensing opportunities.
4. Based upon the availability of a fully enabled utility application and the marketing plan and progress made on commercialization opportunities (licensing, start-up company or no clear options), the project manager will make a recommendation whether to continue and file the fully enabled utility patent application. This recommendation will be reviewed for implementation by OEIP, and the Licensing Analyst will communicate the decision as appropriate.
5. If no, the technology is offered back to the inventor(s) and/or the federal agency.
6. If yes,
   1. RatnerPrestia files the fully enabled utility patent application;
   2. OEIP pursues commercialization opportunities; and
   3. If applicable, faculty or UD creates a start-up with license from UD.
7. * The project manager will assemble the team including the inventor(s), marketing interns and outside expert(s) as appropriate to review market segments and quantify opportunities, consider advertising approaches, and determine whether “proof of concept” development testing should be undertaken. The initial marketing strategy will be implemented by the project manager and updated in greater detail as information is developed.