• intellectual property
• patents
• publishing

Patent or Publish

For scientists who become entrepreneurs, the tension between publishing research and protecting intellectual property is real. Patent law requires novelty: an invention must be new and non‑obvious compared with the state of the art. Public disclosure of your invention — a journal article, conference poster or even a blog post — before filing a patent application can invalidate novelty and jeopardise your ability to secure rights.

Universities and research institutions typically own inventions created by their employees. When you think you have discovered something with commercial potential, contact your technology transfer office (TTO) early. They will help you assess patentability, file provisional applications and decide whether to pursue a patent. In many cases you can still publish after filing, but timing is critical. If the TTO decides not to pursue a patent, you are free to publish without worrying about losing protection.

Patenting is expensive and time‑consuming, and not all innovations warrant it. Consider whether the competitive advantage lies in the technology itself or in your know‑how, customer relationships and speed of execution. In some fields, publishing can establish credibility and attract collaborators or customers. Weigh the benefits of open science against the need to protect your inventions and discuss your options with mentors and legal counsel.