A patent is a sword, not a shield. It gives you the right to attack a competitor who makes commercial use of (“infringes”) your patented technology. Contrary to common belief, it does not give you the right to practice your technology free of interference. In fact, patents are often quite narrow and hence can be easily circumvented: they might apply to a specific design element or combination of characteristics. Furthermore, they have effect only in the jurisdiction of the patent-granting authority.
In our experience, science is a worldwide customer base with an international competitive landscape. Thus, multiple patents would be required, significantly increasing costs. A patent in the United States would not give any advantage to selling to customers abroad. If you do not have a patent or are a TTO seeking to patent, this agreement will still work without one.
Ultimately, we believe that patenting simply removes the profit potential of many scientific innovations by limiting distribution and market demand. Capturing that profit that can be shared with the original inventor is our goal as we share in that profit as well.