Does SDSMT file patent applications on all disclosures it receives?
SDSMT does not file patent applications on all invention disclosures it receives due to the high cost of filing and prosecuting ($8,000 – $15,000). If we already have a commitment from a licensee or potential licensee to meet patent costs, we will proceed immediately with an application. If significant commercial viability for the technology has been proven, we may also proceed. In many cases, if the invention appears to have apparent commercial viability but this has not yet been confirmed, we will file a provisional patent application. This establishes a priority date and gives us a 12 month window in which to confirm the potential of the technology, during which time we can, if appropriate, seek market interest in the invention. In that case any potential licensee will be required to sign a confidentiality agreement before detailed information on the technology is disclosed to them. Any utility application must be filed within twelve months of the date of the provisional filing to p
