PAPER PUBLICATION & PATENT FILING: A CLASSIC DILEMMA FOR MANY RESEARCHERS
IRFAN AWANG, FAIZUAN ABDULLAH
The dilemma between paper publication and patent filing is a challenge faced by many researchers, especially those working on innovative projects. This classic issue revolves around the need to balance the desire for academic recognition through publication and the necessity of securing intellectual property rights through patents.
The Importance of Paper Publication
In academia, publishing research findings in reputable journals is often seen as the primary metric of success. It allows researchers to share their work with the global scientific community, contribute to knowledge advancement, and establish their professional reputation. For many researchers, publications are essential for career progression, securing grants, and building collaborations. The peer-reviewed publication process ensures that the work is scrutinized, validated, and cited by others, which enhances the impact of the research.
Publishing also serves as a way to communicate discoveries that can solve real-world problems. Once research is published, it becomes part of the scientific canon, accessible to anyone who can benefit from it. This openness can accelerate scientific progress, inspire new research directions, and lead to broader applications of the findings.
The Case for Patents
On the other hand, patenting provides legal protection for inventions. A patent grants the inventor exclusive rights to make, use, sell, or license the invention for a certain period, usually 20 years. This protection prevents others from exploiting the invention without the inventor’s permission, thus enabling the inventor or their organization to potentially monetize the innovation.
For researchers working on technologies that could be commercialized, such as new materials, processes, or devices, filing a patent can be crucial. It safeguards the potential economic value of their work, protecting the financial interests of both the researcher and their institution. Patents are also highly regarded in industry, where they are seen as a tangible output of innovation that can lead to products, services, and new businesses.
The Conflict
The tension between paper publication and patent filing arises because of the different requirements and timelines associated with each. Patent law mandates that an invention must be novel, meaning it must not have been disclosed to the public before the patent application is filed. Once a researcher publishes their work in a journal or presents it at a conference, the invention is considered part of the public domain, and in most jurisdictions, this disclosure destroys the novelty required for patenting.
This creates a dilemma: if researchers publish their findings too soon, they may lose the ability to patent their invention. However, delaying publication to file a patent can slow down the dissemination of their findings and hinder academic recognition.
Managing the Dilemma
One way to manage this dilemma is through careful planning and understanding of intellectual property (IP) laws. Researchers should be aware that they can prepare a patent application in parallel with their research paper. Filing a patent application before submitting a manuscript ensures that the invention is protected while still allowing the research to be published soon after. This process is sometimes referred to as “patent first, publish later.”
In some countries, including Malaysia, there is a “grace period” that allows inventors to file a patent application within a certain time frame (typically 12 months) after the invention has been disclosed publicly. This grace period provides a safety net for researchers who have already published or presented their findings without realizing the potential for patenting.
Institutions can also play a role in resolving this dilemma by providing clear guidelines and support for patenting. Technology transfer offices, for example, can assist researchers in identifying patentable inventions, conducting patent searches, and drafting applications. This support can help ensure that the potential for commercialization is not overlooked.
Conclusion
The publication-patent dilemma is a common challenge for researchers, particularly those in fields where both academic recognition and commercialization are important. By understanding the differences between these two processes and planning accordingly, researchers can protect their inventions while still contributing to the advancement of knowledge through publications. Institutions and intellectual property professionals can provide valuable guidance in navigating this complex landscape, ensuring that researchers can maximize both their academic and commercial achievements.
Ultimately, balancing the goals of sharing knowledge and protecting innovation requires strategic thinking, collaboration with patent experts, and a clear understanding of both the academic and commercial impacts of research.
“Scientific research is one of the most exciting and rewarding of occupations.”
Frederick Sanger
*Irfan Awang, AMIChemE, is the Founder and CEO of Patentsworth International
**Ts. ChM. Dr. Faizuan Abdullah is a Senior Lecturer at Chemistry Dept., Faculty of Science, UTM