What factors are taken into consideration when deciding whether to file a patent application on my technology?
The TTO considers several factors when determining whether or not a patent application should be filed, including the technology’s patentability potential and commercial value. Other factors include the anticipated useful life of the invention, the ease of enforcing any eventual patent, the existence of other patents in a similar field, and the expected economic benefit. Some inventions may be successfully commercialized without a patent. Indeed, in some instances such as monoclonal antibodies and cell lines, a patent may not be the most effective way to protect the technology.
