The federal government
sponsors a considerable amount of technology research
. Frequently, governmental agencies request technical disclosure submissions from private industry through competitive funding programs. The grant submissions for the funding programs, even under competitive and confidential government funding programs, may be considered a type of public disclosure under the expanded novelty provisions of
35 U.S.C. § 102.
In particular, under the
Freedom of Information Act
(FOIA), documentation submitted to the government, such as a grant, is available for public inspection. This situation can create a dilemma for many startups and independent inventors who rely on government funding to develop and protect their technology. That is, funding an invention through competitive grants could also prevent an inventor from obtaining or enforcing a patent because the information is available to the public. Therefore, it is best to develop a comprehensive plan before submitting a grant application, which includes reviewing the rules and regulations for a particular program, and consulting an attorney before submitting a proposal.
Grant Submissions and Novelty: A Catch-22 for Startups
The
Leahy-Smith America Invents Act of 2011
(AIA) brought sweeping changes to the landscape of United States patent law. Among other things, the AIA expanded the scope of potential prior art by explicitly treating
all information which is not only “described in a printed publication” but also “otherwise available to the public” as being a type of public disclosure
. However, what is considered “otherwise available to the public” under the expanded definition of prior art has not yet been clearly defined by the courts.
Volume 47, Issue 2
NEWSLETTER ARCHIVE
Table of Contents
President's Message by Erik Belt
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Message from the Editor-in-Chief
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Alice: Making Step Two Work
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Grant Submissions and Novelty: A Catch-22 for Startups
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When are Method/Device Hybrid Claims Indefinite?
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Update on the Patent Pro Bono Program of New England and Call For Volunteer Attorneys!
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Saved by the Date? Is Your Pre-AIA Patent Still At Risk for AIA Post Grant Review?
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Index
6th annual Invented Here! Announcement
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BPLA Sponsors the New England Innovation Award Program of Smaller Business Association of New England (SBANE)
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Report on the Giles Rich Moot Court Competition
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BPLA Writing Competition Accepting Entries
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Annual Judges' Dinner
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IP Roundtable with Chief Judge Saris
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Significant changes to the rules related to european trademarks ¡v three things you should know
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What/where/when/why/how do I include this sequence in a sequence listing?
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Members on the move
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< Back
Member Companies and Firms are Encouraged to Utilize BPLA’s Career Center
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