Never before has the expression “publish or perish” been more crucial to the advancement of a scientific career as it is today. However, the exponential growth of Industrial Property presents a new challenge to balancing dissemination of knowledge and its protection.
Scientific research often results in highly disruptive technologies or innovative solutions. These developments, resulting from years of work and investment, represent an advantage not only for researchers but also for society as a whole.
Publishing scientific papers or sharing findings remains an essential practice in research and development. For researchers, it’s a way to build their curriculum, which is indispensable for career progression and their reputation. These types of publications promote the dissemination of knowledge, making it accessible to the scientific community and the public. This access to information, often free of charge, contributes to scientific and technological progress and allows results to be replicated and validated by others.
However, this practice presents several challenges, notably the investment of time, human resources and financial effort. Once published, the technology becomes publicly available and anyone can use or exploit it freely without seeking permission or acknowledging its creator. By following this path, the creators lose the opportunity to obtain financial return on their investment.
Filing a patent application for a technology emerges as a highly advantageous strategy. A patent grants its holder the exclusive territorial right to exploit the technology, preventing others from using, manufacturing, selling or licensing it without consent. This right, legally recognized worldwide, transforms knowledge into a valuable intangible asset. Still, for a patent to be granted, it must be shown that the technology is novel, inventive, and industrially applicable.
During the development of the technology, it is crucial to be aware of its inventive potential from the earliest experimental results. Assessing if the solution presents new and non-obvious features compared to the prior art is the first step in determining if it can be protected by a patent. Additionally, one should consider the economic potential the technology may have for the institution or company that developed it, whether through direct exploitation or licensing to third parties.
If the technology demonstrates such merit, it becomes essential to maintain confidentiality from the moment of its creation.
On the other hand, if after careful analysis it is found that the technology lacks innovative features or economic interest, publication becomes an alternative to prevent others from filing a patent for an identical or very similar invention. In this way, knowledge can remain free and contribute to science in a collaborative manner.
Patent and publication are not mutually exclusive, as patents are not enemies of scientific and technological progress. However, publications can inadvertently become enemies of patents.
Publications made prior to filing a patent application are among the most common and serious mistakes, as they place the technology in the public domain, preventing the assignment of exclusive rights to its creator. Any public disclosure in scientific papers, posters, presentations, or even informal conversations, or any other form, can compromise the novelty requirement.
The solution to this duality should be a balanced strategy defined from the start and monitored throughout the development of the technology.
While it is essential to avoid any type of publication before filing a patent application, it is encouraged that dissemination occurs after the patent is filed. This ensures that novelty is not compromised by the creator, preserving the possibility of obtaining exclusive rights over the technology.
This approach allows for the best of both worlds: legally protecting innovation for economic exploitation while simultaneously contributing to scientific advancement and career development. Not only are the creator’s interests protected, but innovation continues to benefit society through controlled and secure dissemination.
In this battle between patent and publication, the guiding principle should be protect first, publish second.