Little Knowledge on IP – The Patent vs. Publish Dilemma : What Every Academic Researcher Needs to Know
January 15, 2025January 6, 2025

Little Knowledge on IP – The Patent vs. Publish Dilemma : What Every Academic Researcher Needs to Know

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In Intellectual Property Rights, Legal Advice, Patent

Introduction : In academia, publishing research is key to sharing knowledge and building your reputation. However, when you’ve made a significant discovery, you may face a dilemma: Should you publish your findings or patent them to protect your intellectual property?

While patents provide ownership and exclusivity, ensuring you control how your invention is used, publishing allows you to share your work with the scientific community. The challenge is that public disclosure of your research could affect your ability to secure a patent.

But with careful timing and advice from experts like technology transfer offices (TTOs), you can strike a balance. By understanding the patent process, you can protect your ideas while still contributing valuable knowledge to your field.

Patents Protect Your Invention : A patent secures your rights to an invention, allowing you to control its use, licensing, or even prevent competitors from copying it. But be cautious—publishing too early can invalidate the novelty of your work and prevent patenting.

Publishing Doesn’t Block Patents—If Done Right : You can publish your research even if you’ve filed for a patent. The patent application is kept confidential for 18 months, so you can submit a paper without worry. However, publishing first can jeopardize your chances of securing a patent.

The ‘Novelty’ Test: Why Timing Matters : Patents require novelty, meaning your invention can’t have been made public before applying. So, even a conference presentation or a casual blog post can ruin your chances if done

Country-Specific Patents: The Global Strategy : There’s no such thing as a “world patent.” Depending on your market, you may need to file in multiple countries to protect your invention. The process and cost can vary, so planning where to patent is crucial.

Conclusion : In short, navigating patents and publishing isn’t always simple. With careful timing and advice, you can protect your innovation while sharing your knowledge with the world.

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