What is considered "public disclosure"?

Public disclosure is any unrestricted disclosure to any person who is not bound by a confidentiality agreement or who does not work for Wake Forest. 

In the US, publication is considered public disclosure.  Please note that slides that are shown at meetings and poster sessions may be considered publications.  Other examples of public disclosure can include abstracts, online publications, a published thesis, and public commercial use.  Essentially, if a document or invention is available to the public, it is a public disclosure.

Does talking with OTAM about my invention constitute a public disclosure?

No. You may speak openly with OTAM without creating a public disclosure that could limit patenting of your invention.

Now that I've filed my Invention Disclosure Form, can I give a talk on my research?

While universities are dedicated to teaching, research, and the dissemination of knowledge, premature disclosure of information relating to inventions can sometimes be problematic from a patent application standpoint. The best rule of thumb is to move forward with your professional publication objective, but to MAKE SURE that OTAM is aware of upcoming publications, presentations, abstracts, etc.

Public disclosure of an invention prior to the filing of a patent application will operate as a bar for filing a patent application in most foreign countries.  It will also initiate the one year grace period offered by the United State Patent and Trademark Office (USPTO) to file your patent application after public disclosure.

Should OTAM decide not to purse patent protection of your disclosed invention, then public disclosure is not a problem (unless you or a co-inventor decides to file a patent); but, when in doubt, please do not hesitate to consult with your OTAM contact person.

When does a journal article become public?

A journal article is considered to be public once it leaves the printer's office or once the journal places it online, whichever happens first. Practices for online publication vary greatly among journals and meetings. Some journals will e-publish a manuscript as soon as it is accepted. Others do not e-publish at all. Most meetings will put abstracts online several weeks before the meeting, but many will delay e-publication if the author requests a delay.