About Us
Do I Have a Patentable Invention?
What is an invention?
Under UT System policy, an invention is any form or expression of an idea arising from the activities of UT System employees, and may be protected under patent, trademark, copyright, or trade secret laws.
Do I have an invention?
- Have I built or modified an instrument or device because I could not find anything better to use in my laboratory or to help in patient treatment or diagnosis?
- Have I discovered or developed a new technique for research or patient care that I think no one has used before?
- Have I discovered or developed a new chemical compound, drug, or formulation?
- Have I discovered or developed a new antibody? Gene sequence? Protein? Genetically engineered organism?
- Have I made an "early stage" scientific discovery that I think may be significant?
- Have I made an improvement on a product while testing it for a company?
- Have I created a process or a method of using an existing product in a different way that what is already known?
If you answer "YES" to any of the questions above, contact the Office of Technology Development via the contact us form to find out how we can help you.
What criteria determine patentability?
Patentability of an invention is primarily assessed based on three criteria established by law under United States Code Title 35 and is administered by the U.S. Patent and Trademark Office. The first is the requirement for usefulness of the invention, which is usually easy to meet. The second is the requirement for novelty. A patent will not issue if the invention was known or used by others in the U.S. or patented or described in any country before the MDACC inventor(s) made the invention. The third criterion is the requirement for non-obviousness. To meet this requirement, the subject matter of a patent application must be sufficiently different from what has been known, used or described before in that field so that it would not have been obvious to a person having ‘ordinary skill’ in the area of technology relating to the invention.
Please note that a new use for an already existing device, therapeutic or compound may also be considered an invention.
How do I know if my invention is new and non-obvious?
As the inventor, your knowledge of the state of research in your field is usually comprehensive. We ask that you submit a complete bibliography as part of the Invention Disclosure Report that constitutes our official notification that an invention has been made. We will also perform our own search of both the scientific literature and the patent literature to confirm that your invention has not been previously published or patented (i.e., that it is new), and this process may be repeated by an outside law firm.
The issue of obviousness will be addressed by our office and the outside attorneys according to standards established in the field of the invention.
What are some examples of patentable inventions?
- A diagnostic kit
- A monoclonal antibody
- A newly discovered gene, DNA sequence or protein
- A new organism that results from genetic engineering
- A new device for administering chemotherapy
- A new indication for a known drug
- A new process of genetic engineering
- A new therapeutic agent
- A new drug delivery method
- A vector for gene therapy
Can I patent software code?
Software code can certainly constitute an invention, and may be patented in some cases, but is more usually copyrighted. Depending on the circumstances surrounding the creation of the work, either M. D. Anderson Cancer Center will own the copyright, or the faculty member will own the copyright with educational uses reserved for M. D. Anderson Cancer Center. Note on the title or cover page, "Copyright, The University of Texas M.D. Anderson Cancer Center, (year)."
Contact the Office of Technology Development via the contact us form for assistance with copyright ownership determinations or help with copyright filing.