The battle currently being waged over alleged infringement of UW alumnus Edwin A. Suominen's patented Bluetooth technology raises a greater issue: How much of a problem does patent infringement cause for universities?

Although large research universities are some of the leaders in the field of new research, patenting this research is a different issue.

The number of patents coming out of major research universities, although large, does not represent a large portion of the overall research and development industry.

"The leading research universities conduct more leading edge R&D (research and development) than most companies," said Steven Lisa, the patent lawyer representing the Washington Research Foundation in the current legal action. "Those efforts result in many critical inventions. Unfortunately, the cost of the patent system, including patent prosecution and litigation, has skyrocketed. This, and the bias of large companies against any inventions not made in their shop, makes the patent business nearly exclusive to large corporations."

This fraction from the major research universities has been growing since the year 2000, however.

"It takes the major research universities, with frankly a lot of courage and support from ... researchers and administration, to enter the foray," Lisa said.

According to an article in the Technology Review published by MIT, a study done by CHI Co. in Haddon Heights, N.J., reveals that in 2002 alone, 13 out of the top 25 universities saw a 50 percent increase in the number of patents issued than in 1997. Six of them saw an increase of 100 percent or more.

According to the United States Patent and Trademark Office's Web site, more than 46,000 patents have been published in the U.S. with universities as the assignee since 1976.

Growth in patents at universities parallels another changing condition.

"For years the university researchers and scientists were 'anti-patent' — their mindset was to conduct great research and publish it," Lisa said. "They got 'credit' and increased reputation by publishing, not by getting patents. Now, the universities are beginning to see that there are some big potential returns, albeit in a risky and expensive business."

This recognition of the potential returns, whether they are monetary or not, is evident in the UW's Faculty Handbook.

According to the handbook, "Inventions shall be promptly reported to the University's Office of Intellectual Property and Technology Transfer and all concerned shall cooperate to assure prompt initiation of appropriate technology transfer actions."

As the number of patents produced by a university grows, the chance of infringement will naturally increase as well.

"We handle a percentage of the University of Washington's inventors," said John Reagh, managing director of the Washington Research Foundation. "We go to court about once a year over patent infringement, for both students and professors. I think that the system we have to defend intellectual property is pretty effective."

Reach reporter Camden Swita at news@thedaily.washington.edu.