Penn spends millions patenting medical research, but the process is slow

The University of Pennsylvania has filed nearly 5,000 patent applications since September 2012, with the majority focused on medical developments. These filings represent a sustained financial commitment to protect research outputs, a process that the university estimates costs between $15,000 and $30,000 per case.

Benjamin Dibling, the managing director of the Penn Center for Innovation, oversees this pipeline. He explained that the center aims to maximize the impact of Penn’s research by treating commercialization as a path parallel to traditional academic publication. The goal is to secure an exclusive position in the marketplace for a fixed period, preventing unrelated companies from releasing identical products.

The procedure starts when researchers submit an invention disclosure. This is required for any discoverable invention that may be patentable if federal or sponsored funds were used. Dibling said the center evaluates whether the technology has the potential to become a new product, service, or the foundation for a new business. He noted that the center often targets early-stage technologies because the incentive lies in securing market exclusivity.

The timeline for these applications is lengthy. PCI data indicates that the average utility patent application spends roughly two years pending at the United States Patent and Trademark Office before a written notice is issued. The initial application is frequently rejected in an Official Action letter, leading to a written response from the attorney. This back-and-forth, known as patent prosecution, can extend for several years as the office seeks narrow claims while the university prefers broader coverage.

PCI relies on outside patent counsel for these proceedings, with the Office of General Counsel signing off on the collaborations. Dibling stated that the OGC typically remains out of the process unless a patent infringement lawsuit arises. The university owns inventions created by its personnel, including faculty, postdocs, and graduate students supported by research grants. PCI actively manages licensing rights and assumes direct responsibility for maintenance and protection.

Since the Leahy-Smith America Invents Act took effect in 2012, filings on behalf of Penn inventors have climbed steadily. USPTO data shows that these filings have remained above 400 per year since 2021. The most common granted patents fall under classifications for human necessities and chemistry, specifically antineoplastic agents, T-cells, and viral vectors.

Only a small number of filings from 2025 and 2026 are currently public. This is because applications generally remain confidential for 18 months after the initial provisional filing. A PCI spokesperson wrote in a statement that securing a patent does not limit the academic freedom of researchers to use the invention for academic purposes.

Dibling acknowledged that the patent budget is finite and that some faculty do not fully realize the expense involved in filing. He noted that not every commercially valuable technology requires a patent, as some discoveries retain value even without formal protection.