How to Report an Invention

NIH staff report inventions by using the NIH Employee Discovery and Invention Report (EIR) form (SAIC-Frederick employees have additional obligations). Reportable inventions can include compounds, devices and methods of use. Reportable inventions also include unique biological materials with commercial applications such as transgenic mice and cell lines.

NIH staff should promptly report their new inventions, including improvements of previously reported inventions. Formal patentability assessments of the discoveries are performed by NIH in conjunction with patent attorneys. Generally, a patentable invention must be something new and novel.

Timely reporting of new discoveries is critical because patent protection may be lost if an invention is publicly disclosed prior to filing a patent application. A public disclosure may include:

• Talks, presentations, posters
• Publications, including abstracts on websites
• Internet postings
• Graduate student theses, job interviews
• Discussions with non-NIH personnel without a Confidential Disclosure Agreement (CDA) in place

Maintaining laboratory notebooks is important to this process and these references provide more information about:

• What every NCI scientist should know about Employee Invention Reports and patents
• Guide for Keeping Laboratory Records

For more information, contact your Technology Transfer Specialist.

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