Understanding the intricate relationship between patents and research is crucial for Vanderbilt faculty navigating the academic innovation landscape. Vanderbilt Center for Technology Transfer and Commercialization (CTTC) recently hosted a Lunch and Learn, “Can Patents Block My Research?” where Alan Bentley, assistant vice chancellor of technology transfer and IP development, offered insights into this dynamic.
Alan shared how patents, while protecting and promoting innovation, can also present challenges to academic freedom that require careful navigation. By navigating existing patents, purchasing licenses, or exploring alternative technologies, faculty researchers can proceed without legal hurdles.
Key Insights from Alan Bentley’s Patents Lunch and Learn
Invention vs Innovation
- Invention is generally a product of scientific skill and/or creativity, used to create something new, unique, original that has never existed before.
- Innovation often requires a combination of creativity, strategic thinking, market savvy and technical skill, and through successful commercialization, can be used to make something valuable and useful to society.
What Does a Patent Do?
A patent owner has the right to exclude all others from making, using, offering to sell or sell any product covered by its patent, and to prevent importing that product into the US. Anyone doing any of these things without authorization is infringing the patent.
Can Patents Block My Research?
- Short Answer: Absolutely. It is risky to ignore patents, so steer clear if possible; or purchase patented products from licensed vendors. There is no exemption to infringement by virtue of being a non-profit.
- Most infringing acts that occur in the course of academic research do not create substantial damages to the patent owner (unless the research leads to an invention that could block the patent owner from exploiting its own patent).
- If you discover a patent issue, you should bring it to Vanderbilt’s attention.
Can Patents Block My Surgery?
- A surgeon performing a patented but otherwise purely procedural surgical technique is likely protected from infringement damages (and this protection extends to the hospital where the surgeon works).
- If the same surgeon uses a patented surgical instrument or applies a patented chemical compound during that procedure, they could be liable for infringing the underlying patent on that instrument or compound, but usually this liability is directed to the instrument/compound maker.
- The key is to distinguish between the method of the procedure (which is generally protected) and the tools or substances used in that method (which may not be).
Can Vanderbilt Block My Research?
- Inventions made by faculty in the course of their work at Vanderbilt are owned by Vanderbilt.
- Scientists that continue to perform research after leaving Vanderbilt may be infringing their own patent at Vanderbilt
- Not usually an issue if working in the non-profit sector
- If working for a company, the company will need a license to the Vanderbilt patent to avoid liabilities associated with infringement
Stay Informed
Vanderbilt CTTC offers guidance to ensure faculty are well-informed of patent implications in their work. Faculty are encouraged to engage with the CTTC for guidance on how to navigate the innovation landscape to commercialize research. For more information or assistance, contact the CTTC team.
In addition, you can register for the next Lunch and Learn happening on Thursday, November 20, 2025, 12:00 PM to 1:00 PM at Vanderbilt University Alumni Hall Memorial Room.