A patent, if issued, is a commercial tool that provides the owner with the right to exclude others from practicing the patented invention. Patents are expensive to obtain and maintain and can be difficult to enforce. The decision on whether or not to file a patent application is strictly a business decision based primarily on the likelihood of obtaining commercially useful protection for the invention and of earning revenues from the eventual commercial exploitation of the invention. The market potential will ultimately define the likelihood of attracting a licensee willing to invest in developing and commercializing the invention. This will be defined by scope and breadth of claims which may ultimately be allowed in the patent application.
Broad claims are the most valuable.
Narrow claims can be easy to circumvent and difficult to practice and enforce, making it difficult to attract a licensee. In effect, the University may decline to file a patent application if it feels that the market potential of an invention or the likelihood of earning revenues from the invention do not justify the expense of filing a patent application. Also, patenting funds are limited and the University must allocate these resources to the most promising opportunities. If the ORS decides not to patent an invention, this decision is likely based on sound commercial factors. If the invention is disclosed to the ORS informally, without the completion of a formal invention disclosure form, this policy may not apply.