The Office of Technology Commercialization hopes to enable you to do both! Publishing your research or publicly disclosing it before filing a patent application can severely limit your patentability and could completely bar you from receiving a U.S. or foreign patent.
Seeking a patent does not preclude publication of research results, and, in most cases, does not delay publishing. To retain the potential for foreign patents, a U.S. patent application must be filed before any description of the invention is publicly disclosed.
The following are examples of public disclosure and when they are considered “published”:
The following are NOT public disclosures, but likely require that all present are university employees or federal appointees:
However, seeking a patent first does not preclude publication of research results, and, in most cases, does not delay publishing. To retain the potential for foreign patents, a U.S. patent application must be filed before any description of the invention is published in an article, abstract, thesis, presentation, or other public format. More information regarding the term publication in patenting context can be found here.
Please contact us before presenting, publishing, or disclosing your discovery to others. We will work with outside patent attorneys to accommodate publishing dates, but to achieve optimum results, a description of the discovery should be submitted at least three months in advance of first publication, to allow time for review and for drafting a patent application.