Authors and presenters must review their papers, presentations, or any other external communications for descriptions of potential inventions, and submit records of invention for these potential inventions to the Intellectual Property Office, prior to release or publication/presentation.
View the guidelines below for identifying an invention. In the event there is a potential invention, the authors should prepare and deliver a record of invention (ROI) through the IPO Innovation Portal.
Guidelines for Identifying an Invention
- Does the publication describe a new device, method, or composition of matter, or does the publication describe a device or method with a new operation, feature, or component? (An invention is NOT novel if it is known by the public before the filing date of a patent application.)
- Did at least one Berkeley Lab employee or affiliate make a contribution to the device, method, or composition of matter? (Performing a known experiment on a device, method, or composition of matter designed and produced by another is not making a contribution).
- Does the device, method, or composition of matter have a utility, e.g., an industrial application?
- Is the device, method, or composition of matter not obvious to one of ordinary skill in the art? (An invention may be obvious to one of ordinary skill in the art if it can be demonstrated that at the time of the invention, the literature contained a teaching, suggestion, or motivation to combine known elements to arrive at the invention.)
“Yes” for all 4 questions – there is an invention to report.
“No” for any one question – there is no invention to report.
For more information, view the Requirements and Policies Manual.
If you need assistance or guidance in reviewing a publication, contact LBNL Patent Counsel or an IPO Technology Commercialization Associate (TCA):
LBNL Patent Counsel
Robin Chiang – firstname.lastname@example.org
Stephen Glade – email@example.com
All other areas/divisions and technologies
IPO Technology Commercialization Associate (TCA)
Sebastian Ainslie – SAinslie@lbl.gov
Computing Sciences and Energy Geosciences
Jeremy Greeter – JGreeter@lbl.gov
Biosciences (except JBEI) and Climate and Ecosystem Sciences
Shanshan Li – ShanshanLi@lbl.gov
Energy Technologies and all battery technologies
Robin Johnston – RJohnston@lbl.gov
Gregg Scharfstein – GAScharfstein@lbl.gov
Energy Sciences and Physical Sciences