Incentive to Invent: The Patent System
The United States patent system has existed for over 200 years to provide creative minds with what Thomas Jefferson called the “incentive to invent.” A patent provides protection to the inventor, who receives the right to exclude others from making, using or selling the invention throughout the United States for a period of twenty years. The system also encourages continued innovation by disseminating information on patented items to the public, allowing development of related ideas spurred on by the original research or concept.

In the course of research, an investigator may develop an idea for a new process, product, or concept that could benefit the field or society in general. That idea may be patentable if it is (1) useful, in terms of leading to a new creation or invention that benefits others; (2) novel, meaning that it is different from that which is already known or available; and (3) not obvious to a person of “ordinary skill” in the field. This last quality is difficult to quantify, but a good case can be made if an invention solves a problem or yields surprising, unexpected results.

Patent Applications: When and Why?
Competition in the research community means that inventors must use caution to keep the details of their projects confidential until they are patent-protected. Although institutions require faculty researchers to disclose their research, individuals should take care not to do so until their applications are safely filed. A scholarly paper or an oral presentation can be considered disclosure, and may open the invention up to imitation. In the United States, a one-year grace period from the first date of disclosure allows inventors a second chance to file a patent application. In Europe, however, there is no grace period and telling even one person about an invention can be enough to bar an inventor from obtaining a patent.

Any researcher with a potentially patentable idea should contact the institution’s licensing office and stay in touch regarding potential public disclosures. The licensing office works with inventors to protect their inventions without interrupting their primary activities as research scientists.

Inventors file patent applications not only to protect their own work from prospective competitors, but also to attract interest and funding from commercial entities, and to thereby bring resources and recognition to their laboratories and institutions. Patenting an invention usually means a shorter wait time between its development and introduction to the public.

Patent Ownership
Inventors own their inventions unless they give their rights away by contract or as a result of being employed expressly to invent. Most academic institutions require faculty to assign inventions to the institution if its resources, such as expensive laboratory equipment, were substantially used in the invention’s creation. In return, such institutions typically commit resources to patenting and licensing the inventions and share any related income with the inventors and the laboratory or department. Of course, individual state laws and unconventional employment circumstances may affect patent ownership.