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University Daily Kansan / Monday, October 31, 1988
a
The Law In Brief
KU bypasses invention
sent elsewhere
By Jay A. Cohen Kansan staff writer
If it wasn't for a friend of a friend, Harvey Dove land's invention still would be sitting in his office, with neither a patent nor a future.
Doelemand, associate professor of electrical and computer engineering, has developed a device he thinks can use sound to monitor the healing of broken long bones, such as in legs or arms.
Because the acquaintance informed Deenland of a Portland, Ore., company's interest, he obtained a patent, and his invention is undergoing tests at the University of Washington, Stanford University and Kaiser HMO's in San Rafael, Calif.
Doernel would rather the testing be done closer to home, but when he submitted the invention to the University did not pursue the matter.
Bob Bearse, associate vice chancellor for research, graduate studies and public services, whose office oversees the procurement and administration of patents, said that a problem with the University pursued in financial expenses were covered by commercial rewards.
"Probably one invention in a 100 is patentable, one in a 100 of those will make any money, and one in a 100 out of those will make big money." Bearsse said.
“What we usually do is look for a sugar daddy, a company that would be interested in the project. For example, there was one device that was designed to keep food warm, and we contacted Coleman (a company that sells camping equipment),” he said.
An arrangement then would be negotiated with the company, which may provide a grant for continued development of the invention.
Vickie Thomas, University general counsel, said that students or professors whose invention was the result of this act have a legal obligation to report their results
Obtaining patent is complex
By Jay A. Cohen Kansan staff writer
After working for years in a laboratory to transform an idea into a product that works, inventors may be dismayed to find yet another complex battle on the horizon: obtaining a patent.
According to "What Every Engineer Should Know About Patents," published by Marcell Dekker Ink., a patent is a grant by the U.S. government giving inventors the right to exclude others from making or selling their invention for 17 years.
Robert D. Hovey, a patent lawyer with Hovey, Williams, Timmons and Collins, a Kansas City, Mo., law firm, outlined the steps a person must take to obtain a patent.
First, a patent search must be made at the U.S. Patent Office in Arlington, Va. That means studying the records of similar patents to determine whether the invention would warrant a patent application. A person may make the search himself, but Hovey recommended that a patent lawyer who works in such searches be hired. Patent law is a speciality, and patent lawyers must be licensed.
The attorney's fee depends upon the complexity of the invention
and the number of similar patents that must be examined, but* a minimum cost is about $400. The should take about four weeks.
Once it is completed and the decision is made to proceed with the claim, an application is prepared. That includes a technical drawing of the invention in india ink on bristol board and written applications. A written defense of the novelty is part of the application.
Usually, the application is filed by mail with the patent office. The companies are charged $200, and large companies are charged $500.
The application can be prepared by the inventor, but Hovey said that it would have a better chance if prepared by an experienced patent attorney. Again, attorney fees depend on the complexity of the invention, but a minimum of $1,500 to $2,500 should be expected.
Vickie Thomas, University general counsel, said that most patents cost between $5,000 to $10,000.
In six to eight months a patent office examiner will issue a decision, whether or not to allow the patent. If the patent application is rejected, the inventor has three months to appeal.
to the University.
The report would be made first to the department overseeing the research. The department would then present office and fill out a disclosure form.
According to Board of Regents policy, a committee would be formed to evaluate the invention. The committee would comprise faculty members with knowledge in the field, the inventor, a representative of Bearse's office and legal and fiscal advisers.
Thomas said the committee first would determine whether the inventor used KU facilities to develop the product, thus giving the University a
legal interest in the invention. Then the committee would decide whether the University wished to pursue a patent.
The patent would be filed in the name of the inventor, and the University would have the patent rights. The University would give a company preference in licensing the product if the company had helped finance the research.
The University and, the inventor would share royalties from the company. The Regents policy specifies that the inventor's percentage cannot be less the 15 percent, and Bearse said that 50 percent was typical.
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