Disclosure

Before speaking to a third party about the development or commercialisation of your project you must

1. inform InnovationRCA
2. always make clear to the third party that the College owns the rights

Why is disclosure important?

One of the conditions for obtaining a patent is that the invention is 'new'. In most countries of the world this means that the invention must not have been disclosed, or 'published' before you file your patent application.

What counts as disclosure?

An invention counts as disclosed, or 'published' if it forms 'part of the state of the art'. This is defined as 'everything made available to the public by means of written or oral description, by use, or in any other way'. In other words, a single disclosure to one person is enough to destroy the novelty of an invention.

Who can I talk to about my work?

Anyone employed by the RCA, and any student registered at the RCA have all signed up to a confidentiality clause in their contracts/registration documents. You can also talk to anyone outside of the College provided they have signed a Confidentiality, or Non-Disclosure Document. Click here to download one.

Examples of Disclosure

Papers, Journals, Magazines These count as published on the first day that an ordinary reader can get hold of a copy. The cover date printed on the journal is not always decisive (some magazines are available before their cover date.)Abstracts Conference organisers often ask for abstracts in advance. In itself this is harmless but sometimes the abstracts are sent out to all delegates before the conference, or put on the internet ? you should check with conference organisers.Theses If the oral examination is in public the thesis counts as published by the examination. If the examination is in private and the thesis shelved in a library, the thesis counts as published when a reader could first get hold of it (not when they actually do). The thesis also counts as published if the supervisor lends it to someone without the borrower knowing that it is to be kept confidential.The Internet If you post a message describing your invention on a web site this will count not only as published on the day it is posted, but also, if it is posted in Britain in the morning and it is electronically available at locations immediately to the east of the International Date Line ? it will have been published the day before you posted it. Removing a message that you had previously posted does not alter the fact that it has been made available to the public.Email If you use the internet to email to someone a message describing your invention, encryption is recommended to counteract the risk that Internet transmission is potentially leaky.Exhibitions and Open Days Hardware on show at an exhibition counts as published to the extent that a specialist looking at it would understand what he or she was seeing. Concealed characteristics are not considered to be published, unless the hardware comes into the possession of someone who is freely permitted to dismantle it.Oral and casual disclosure Remarks at a small-scale seminar are publication unless everybody present knows what you are saying is to be kept a secret. However, disclosure to too many people may cease to count as confidential ? obviously a secret known to a significant cross-section of those active in that technical field is no secret at all.

Who will know if I have disclosed my project?

Usually an infringer wanting to have your patent cancelled. They will however have to prove that your project was exhibited, prove when you made your internet posting, prove what you said at the seminar? But if serious money is at stake the other side will go to great lengths to discover a flaw in your patent.