IP Protection

After receiving an invention disclosure form and meeting with the inventor, the Office of Innovation & Economic Development works with the Office of General Counsel, and outside counsel to file a provisional patent application for the invention. The provisional patent application provides some intellectual property protection for the invention for a period of twelve months. To successfully complete any patent application, it is imperative that the inventor remain responsive to inquiries from the Office of Innovation & Economic Development, the Office of General Counsel, and outside counsel to provide the scientific expertise required to describe the invention thoroughly and accurately. While the provisional patent application is in place, it is best practice for the inventor to continue working on the invention by gathering additional data, furthering any prototypes, and/or conducting related activities that further advance the commercial potential of the invention. During this time, it is also important that the inventor continues to update the Office of Innovation & Economic Development on any upcoming public disclosures of the invention, such as publications and conference presentations.  

While the provisional patent application is in place, the Office of Innovation & Economic Development works with the Office of General Counsel and a third party to assess whether the invention is eligible for further protection. If the Office of Innovation & Economic Development determines that the invention is eligible for further protection, it will work with the inventor, the Office of General Counsel, and outside counsel to file for additional protection. If by the end of the provisional application period, it is determined that the invention warrants longer-term protection, the Office of Innovation & Economic Development, the Office of General Counsel, and outside counsel will work with the inventor to submit a U.S. nonprovisional patent application and any relevant foreign patent applications. Each of these applications can cost several thousand dollars and typically take a year or more to initially process within a given patent assessment agency. In addition to the initial application fees required for each patent application, in some countries, annual annuity fees are required to keep the patent application active. Further, after the patent has been issued in the U.S. and in foreign countries, Baylor must pay periodic maintenance fees to continue to keep the patent protection in place. The Office of Innovation & Economic Development carefully considers the commercial potential and potential societal impact of an invention when deciding what level of intellectual property protection to pursue.