COSTS AND TIMING

Universities own the rights to inventions that arise out of the research activities of its investigators and selectively invest in patenting promising inventions. Filing a US patent application costs $400 upfront and another $600 when the patent issues. Attorney fees may amount to ~$6,000 or more per filing. There is also about $3000 in maintenance fees over the lifetime of the patent, which a university will likely pass on to the patent's licensees.

Once a patent application is filed with the USPTO, a patent examiner will review each claim, often challenging their novelty and non-obviousness on the basis of prior art. The patent attorney will defend the claims, possibly amend or delete some of them, until the patent examiner is satisfied that the claimed invention is patentable.

It may take several years of review before a patent is issued (i.e. is approved). With some exceptions, patent applications are disclosed to the public 18 months after filing, regardless of how long it takes for the patent to issue. Between the dates of disclosure and issuance, anyone may read the patent and use the invention. However, the day the patent issues, everyone in the United States must either stop using the invention, license it from the patent owner, or run the risk of being sued by the owner for patent infringement.