Why apply for patents
Patents have value because they prohibit copying. Therefore, they can
contribute to the transfer process. Issuance of the patent is likely to
take a year or more, and the date of patent application can be a critical
factor if there is any possibility of the invention being duplicated
elsewhere.
Many of the products stemming from projects in the RR & D Center
will not constitute an invention and are therefore not patentable.
However, it is a good idea to pursue the possibility of getting a patent
because
- the issuance of a patent represents potential royalties for the
inventors and for the Center, and
- many commercial firms place a value on patented inventions, or
processes or products that are based on them, and might be more
favorably disposed toward manufacturing and marketing the technology.
Tests for patentability
The factors to consider when deciding whether an innovation can be
patented are.
- the scope and content of prior art
- present invention that may be claimed
- the present state of the art
- secondary considerations (failure of others, statement of need)
The test can be phrased as: Is it obvious, in the light of #3, that
there is a difference between #1 and #2? (The difference can be small.)
It may be encouraging to know that approximately 80% of all patent
applications filed are eventually approved. If you think an invention
within your project might be patentable, you should read the additional
material on patents elsewhere in this Guide, then discuss it with the
Transfer Officer or the Center Director. The Transfer Officer will help
you with the procedure if it seems appropriate to apply.
 |
Investigator |
|
|
|
|
Transfer Officer |
|
|
|
 |
Center Director |
|
|