Patent Filing Policy Example – Intellectual Property (IP) Policies

Patent Filing Policy Sample

In this article, we’ll look at the key elements that make up an example Patent Filing Policy. We’ve included some starter/boilerplate information to help you get started writing this policy for your company. If you’re looking for help in setting up your policies & procedures or employee manual/handbook, our team can assist.

Patent Filing Policy Template

The following are the main elements that should be included in your Patent Filing Policy:

1. Title Page

• Policy Title: Patent Filing Policy
• Company Name: The name of the organization implementing the policy.
• Policy Number (if applicable): For easy reference within the company’s policy structure.
• Version Control: Date of creation, last review, and version number.
• Effective Date: The date the policy becomes operational.
• Approval Authority: Name and title of the individual who approved the policy.

2. Purpose/Objective

• A brief statement explaining why the Patent Filing Policy exists. This section outlines the policy’s purpose in relation to the company’s goals, regulatory requirements, or ethical standards.
• Describe what problem or issue the policy addresses.
• Example Purpose/Objective:

The Patent Filing Policy aims to guide employees in identifying, filing, and managing patents for their inventions. It ensures that intellectual property developed within the organization is properly protected and leveraged. By outlining clear procedures, the policy helps streamline the patent process, safeguarding innovations and enhancing the organization’s competitive edge. It also clarifies responsibilities and expectations, promoting compliance and efficient handling of patent-related matters. This policy supports the strategic management of intellectual property assets, fostering an environment of innovation and legal protection

3. Scope

• A description of who the Patent Filing Policy applies to (e.g., employees, contractors, vendors).
• Specify any exceptions to the policy.
• Explain departments or roles affected, if necessary.
• Example Scope:

This policy outlines the procedures for identifying, filing, and managing patents related to inventions created by employees. It applies to all staff involved in the innovation process, ensuring that intellectual property is properly protected and leveraged. The policy covers the responsibilities of employees in disclosing inventions, the criteria for patentability, and the steps for filing patent applications. It also addresses the management of patent portfolios and the roles of various departments in supporting the patent process. By adhering to these guidelines, the organization aims to safeguard its intellectual property and maximize its commercial potential

4. Definitions

• Clarify any key terms or jargon used within the Patent Filing Policy to ensure understanding.
• Avoid assumptions about familiarity with industry-specific terminology.
• Example Definitions:

The Patent Filing Policy outlines the procedures for identifying, filing, and managing patents for inventions created by employees. It falls under the category of Intellectual Property (IP) Policies. The policy ensures that inventions are properly documented and protected, guiding employees through the patent application process and subsequent management of granted patents. It aims to safeguard the company’s intellectual property rights and maximize the commercial potential of employee innovations

5. Policy Statement

• A detailed outline of the Patent Filing Policy itself, including all rules, expectations, and standards.
• It should be direct and clear so that it leaves no ambiguity about the company’s position or requirements.

6. Procedures

• Step-by-step instructions on how to implement or comply with the Patent Filing Policy.
• Include any forms, tools, or systems that employees must use.
• Describe the responsibilities of different roles in ensuring adherence to the policy.
• Example Procedures:

Employees must promptly disclose inventions to the IP department. The department evaluates the invention’s patentability and commercial potential. If deemed viable, a patent application is prepared and filed. Employees must cooperate with legal counsel during this process. The company covers all filing and maintenance costs. Inventors are required to assign patent rights to the company. Regular updates on the patent’s status are provided to the inventor. If the company decides not to pursue a patent, rights may be reassigned to the inventor. Confidentiality must be maintained throughout the process to protect intellectual property

7. Roles and Responsibilities

• List the roles responsible for enforcing or overseeing the Patent Filing Policy (e.g., managers, HR).
• Define who is accountable for reporting, monitoring, and updating the policy as needed.
• Example Roles and Responsibilities:

Employees must identify inventions with potential for patenting and report them to the IP department. The IP department evaluates the invention’s patentability and commercial potential. If deemed viable, they coordinate the patent filing process, ensuring compliance with legal and organizational standards. Inventors collaborate with patent attorneys to draft and review applications. The IP department manages patent portfolios, monitors deadlines, and maintains records. Employees must disclose any third-party collaborations or prior art. Management reviews and approves patent strategies, ensuring alignment with business goals. Regular training on patent processes and IP rights is provided to employees

8. Compliance and Disciplinary Measures

• Outline how compliance will be monitored or enforced.
• Describe any consequences or disciplinary actions for failing to follow the policy, including the escalation process.

9. References and Related Documents

• Include links or references to any laws, regulations, or company guidelines that support the Patent Filing Policy.
• Reference related company policies that connect or overlap with the document.

10. Review and Revision History

• State the review cycle (e.g., annually, biannually) and who is responsible for reviewing the Patent Filing Policy.
• A history section that lists all revisions made to the document, including dates and reasons for changes.

11. Approval Signatures

• Signature lines for key decision-makers who have authorized the policy (CEO, department head, HR manager).

12. Appendices or Attachments (if needed)

• Additional information, FAQs, or case examples to provide more context or clarify how the Patent Filing Policy applies in specific situations.
• Any relevant forms or templates employees need to complete.