Inventions and intellectual property rights

A patent is a technical invention, i.e. a technical solution to a technical problem.

What is patentable?

    The invention must be new, i.e. the invention must not yet exist in this form anywhere in the world.
    There must be an inventive step. This means combining known or unknown things in such a way that not everyone would have thought of it.
    The invention must be commercially applicable. This means that it should be saleable and have some use.

And what is it needed for?  

Patents are primarily innovation drivers. They allow an exclusive right and give the owner a competitive advantage for a certain period of time. At the same time, it reduces his R&D risk.

Patents also make technical knowledge freely available. 80% of technical knowledge can be found in patents, while more than 90% of patents are not (anymore) in force, thus this knowledge can be used freely. At the same time, patents prevent double inventions.

At universities, patents contribute to profile building by developing exclusivity / unique selling points in research. They make it possible to adapt one's own inventions for further industrial development and provide an incentive for industrial cooperation. This is because they create a clear legal situation for third-party funded projects vis-à-vis third parties. This proof of innovative strength increases the company's competitive advantage when it comes to attracting further third-party funding. The resulting proceeds can in turn be used to finance further research. In addition, patents can be the basis for scientific spin-offs.

Procedure of an invention disclosure at DSHS

•     Contact us.
•     Fill out an invention disclosure form (restricted access only for employees of the university).
•     We cooperate with PROvendis GmbH, the NRW patent exploitation agency, and bring you into an exchange of information.
•     After examination of the invention disclosure, PROvendis will issue a statement.
•     The DSHS (Rectorate) decides on the basis of the statement whether to claim or release the invention and apply for the patent right.
•     Preparation of the patent specification with a patent attorney.
•     We support you in the exploitation of your property right, in cooperation with PROvendis.

• According to the German Employee Invention Act (ArbNErfG), there is an obligation to report inventions to the employer. In return, the inventor receives an inventor's compensation of 30% on income from exploitation proceeds. The university bears both the risks and the costs of the registration.
• Patents, like publications, are a performance criterion and thus decisive for the scientific profile.
• Science also always means acquiring third-party funding, and the obligations imposed by the funding bodies (grant notification) must be observed. These stipulate, for example, the commercial exploitation of inventions.
• Patents make inventions suitable for further industrial development and are thus decisive for the acquisition of cooperation partners. In some cases, patents are also a prerequisite for transfer-relevant funding programs (e.g. NRW patent validation, desirable for VIP+, proof of degree of innovation/novelty).

Special case: Software

Software is a non-registered intellectual property. There is automatically the copyright (without obligation to register).

BUT: Does your software perhaps trigger a technical function?

Then it is possibly a computer-implemented invention. This invention is notifiable and publications are novelty-destroying. Therefore, please report your software using the software report form.

Further results or materials

Do you have further results or materials such as know-how, antibodies, mouse models or cell lines? Not all results can be registered for property rights, nevertheless it is an asset that only you have and possibly it can be exploited. Please also report them with the corresponding report form!

Free inventions (not service inventions) are subject to registration. Transferring the rights to DSHS makes sense if you want to take advantage of a centralized, professionalized IP management. This promotes the quality of IP applications, includes exploitation support via networks of the university and the university IP network, and is the basis for exploitation revenues. Further advantages are the transfer of costs and risks and the possibility of further development of the invention via public funding projects.

First patent, then communicate!

Novelty-damaging prior publications:

•     Publications (journals, newspapers, media)
•     Oral presentations to investors, etc.
•     Posters, abstracts
•     Published third-party funding proposals, grant reports
•     Published master and doctoral theses
•     Press releases
•     Internet

What is possible?

•     Submission of a manuscript to professional journals
•     Presentations / exchanges after signing a non-disclosure agreement (NDA)
•     Third-party funding applications
•     Submission of master's/doctoral theses with a publication embargo period

The following services regarding intellectual property rights are offered by the Department 6.2 Transfer Office & Start-Up Service to all members of the DSHS (students, scientists or employees), among others in cooperation with NRW Hochschul-IP-Verbund:

•     General information on industrial property rights
•     Identification of patentable research results
•     Support in the drafting of invention disclosures
•     Advice on filing and exploiting intellectual property rights (in cooperation with PROvendis GmbH)

Further services: Knowledge and technology transfer

Novelty searches of patent specifications, in addition to publication searches, provide a comprehensive overview of the current "state of the art" and help to avoid duplication of research. In addition, they are required by applicants in more and more public applications for third-party funding. Patents also serve as a source of information for identifying collisions (freedom to operate) and for analyzing trends, competitors and possible licensing or cooperation partners.

A novelty search is mandatory when PROvendis examines an invention disclosure.

Contact us if you need a detailed patent search, e.g. for third party funding applications, we will advise you on the possibilities.

Here you will find free patent databases that you can use yourself for a preliminary search:

    Database of the European Patent Office ESCPACENET
    Database of the German Patent Office DEPATISNET
    Database of Google GOOGLE Patents
    Database of the US Patent Office USPTO