Publish and applying for a patent

An important element of patent law is that it is not possible to receive patent protection once details of an innovation are in the public domain.  Thus publishing an article about a new product that is not yet patented, for instance, will automatically disqualify you from ever being able to protect it.

So always remember: Patenting before publishing!

Publishing and applying for patent protection are not mutually exclusive: they can be done simultaneously under the proper circumstances. However, from the moment of a public disclosure or publication is made, patent rights are lost.  Therefore, inventors are urged to use discretion, take advantage of Confidential Disclosure Agreements available from this office, and file invention disclosures with the University well in advance of presentations or publications.