All About Patents: Protecting Your Innovations

Why Should I Seek a Patent?

• Exclusive Rights: Patents grant exclusive rights, enabling inventors to control usage and commercialization.
• Competitive Edge: Prevents unauthorized exploitation, offering a competitive advantage.
• Revenue Source: Patents can be licensed or sold for revenue.
• Marketing Tool: Demonstrates innovation and attracts customers and investors.

What are the criteria for patentability?

• Novelty: The invention must be new and different from anything previously disclosed.
• Inventiveness: The invention should not be obvious to someone skilled in the field at the time of invention.
• Utility: The invention must have a practical use or provide some tangible benefit.

Types of patents

• Utility patents: Protect new and useful inventions or discoveries of processes, machines, manufactured goods, or compositions of matter, as well as any new and useful improvements of these items.
• Design patents: Protect new and original ornamental designs for articles of manufacture.
• Plant patents: Protects new and distinct varieties of plants that are asexually reproduced.

What is Patentable?

• Processes: Methods or steps for producing a desired outcome. For example, a new method for sterilizing medical equipment using a specific chemical solution.
• Machines: Devices or apparatus with specific functions or capabilities. For example, a medical imaging device equipped with AI for early detection of cancer.
• Manufactured Goods: Physical articles or products that are made or produced. For example, a specialized syringe with a built-in safety mechanism to prevent needlestick injuries.
• Compositions of Matter: Chemical compounds or mixtures with specific properties. For example, a novel pharmaceutical composition comprising purified exosomes for regenerative medicine.
• Enhancements or Modifications to Existing Inventions: Improvements or changes that add value. For example, an enhanced prosthetic limb design with advanced sensor technology for improved mobility.

What is Included in a Patent?

• Technical Field: Describes the technical area or field to which the invention pertains.
• Background: Provides context on the state of the art related to the invention, including existing problems or limitations.
• Summary of the Invention: Offers a concise overview of the invention and its key features or advantages. This section provides a broad understanding of what the invention is and its primary benefits.
• Description of Drawings: Detailed descriptions of any drawings or diagrams included in the patent.
• Detailed Description: Thorough explanation of the invention, including its structure, operation, and specific examples.
• Claims: Defines the legal scope of protection sought for the invention.
• Abstract: Brief summary of the invention, highlighting key aspects such as the technical field, problem solved, and solution offered. Unlike the summary, the abstract is more technical and focused, often used by patent examiners and researchers to quickly understand the essence of the invention.

How long does it take to obtain a patent?

Patent “prosecution” can take three to six years, depending on factors such as the field of invention, country, and complexity. Typically, there is no response for approximately 18 months after filing. Most or all claims are initially rejected; the final patent often differs significantly from the original application.

When does patent protection begin?

Patent protection begins on the filing date of the patent application, providing provisional rights until the patent is officially issued.

What is my role in the process?

• Disclosure: You must disclose your technology before publicly describing your invention to ensure timely protection of intellectual property. Review the application for completeness and accuracy, and provide input.
• Marketing and Licensing: You will partner with us to create non-confidential marketing materials and identify potential licensees.
• Communication: Keep us informed by sharing significant technological developments, upcoming publications, or interactions with companies related to your invention.

Do I own the patent if I’m the inventor?

In most cases, the patent belongs to Henry Ford Health if the innovation was developed within the course of your responsibilities as a Henry Ford team member or with more than incidental use of Henry Ford resources. Inventors receive 50% of any profits from their invention, but the patent remains the property of Henry Ford Health.

Is my United States patent valid in all countries?

• Territorial Rights: Patents are granted by individual countries and only provide protection within those jurisdictions. Separate applications must be filed in each country.
• Costs and Considerations: Filing and prosecuting patents in multiple countries can be costly and time-consuming. Collaborate with your Licensing Partner to weigh factors such as market potential, competitor infringements, and available resources

What can keep me from obtaining a patent?

• Lack of Novelty or Utility: Inventions that lack novelty, involve obvious modifications, or are not useful may be ineligible.
• Public Disclosure: Public disclosure before filing can prevent patentability in some jurisdictions.
• Legal Restrictions: Inventions violating laws or public policy, such as human cloning, cannot be patented.

How much does it cost to obtain a patent?

US patents typically cost $20,000-$25,000, but can cost as much as $100,000, depending on complexity.

What is the Difference Between a Provisional Patent Application and a Regular Patent Application?

• Provisional Patent Application: A cost-effective way to initiate the patent process while allowing time to gather data, assess market opportunities, and prepare a non-provisional (regular) patent application.
• Regular Patent Application: Also known as a non-provisional patent application, it must be filed within one year of the provisional application to benefit from the earlier filing date. Ensure all necessary details are accurately described and enabled.

What if HFI decides not to seek protection or commercialization of my invention?

Rights to the invention can revert back to the inventor(s) under a turnback license. Under this agreement, Henry Ford Health relinquishes commercialization rights but is entitled to 15% of net profits received by the inventors.

Patent maintenance

• Maintenance fees: Periodic fees that must be paid to keep a patent in force. Failure to pay these fees can result in the patent expiring before its maximum term.

International Patent Protection

• Patent Cooperation Treaty (PCT): An international patent law treaty that provides a unified procedure for filing patent applications in multiple countries.
• European Patent Office (EPO): Allows inventors to seek patent protection in European countries through a single application.