Submitting a grant proposal can have unintended consequences for intellectual property (IP) protection if handled incorrectly.
Patent protection can be compromised if the enabling details of an invention are publicly disclosed before a patent application is filed. When sufficient details are included in grant proposals that would enable a peer to recreate the invention, you may have made an enabling disclosure. If that information is made available to the public, it could limit or eliminate the ability to pursue patent protection. Early awareness and coordination with IPX can help preserve options.
Some things to look out for when submitting a proposal include:
- Are reviewers bound by confidentiality obligations (usually described in the RFP or other solicitation documentation)?
- Submission portals or programs where proposal content becomes publicly accessible (i.e., no confidential treatment of the proposal contents)
- Sharing proposals with collaborators or third parties outside of confidentiality obligations
“But the invention isn’t built yet.”
Patentability can be impacted even if the work is still in development, if the proposal describes the inventive concept in sufficient detail.
“The agency keeps proposals confidential.”
Some agencies do; others may disclose proposals under specific circumstances (such as public records requests or program reporting or publishing abstracts of awarded proposals). Be aware of the agencies’ policies and practices, avoid including enabling details in your abstract, and follow agency guidelines for marking confidential information in your proposal.
Best Practices Before You Submit
To help protect potential patent rights, IPX recommends the following steps:
- Speak with IPX Staff Early
If you think your proposal includes potentially novel and commercially relevant ideas, methods, or technologies, contact IPX before submission, especially if you have not already submitted an invention disclosure to our office. IPX can work with you to complete an invention disclosure and evaluate patentability and/or marketability. IPX staff will work with you to develop an IP strategy taking into account any upcoming enabling public disclosures.
- Use High‑Level Descriptions
When possible, describe concepts functionally or at a high level rather than including enabling technical details that could constitute a disclosure (e.g., compound structure, design parameters), especially in abstracts that are likely to be published.
- Understand Sponsor Policies
Different sponsors treat proposals differently. Be aware of the sponsor’s terms related to confidentiality, publication, and IP ownership.
Timing Is Critical
Once an enabling public disclosure occurs, options become limited, particularly outside the United States.
IPX works with researchers to:
- Assess whether proposal content contains inventions that should be protected
- Advise on disclosure‑safe language
- Coordinate invention disclosures and patent filings
- Protect Auburn innovations while supporting research funding goals
IPX will never delay proposal submissions; instead we work to make sure funding opportunities and commercialization options remain aligned.
Have Questions?
If you are preparing a proposal and are unsure whether it could affect patent rights, reach out to IPX early in the process. A short conversation can help clarify risks and preserve future options.
Contact: ipx_innovations@auburn.edu
