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Patent or Publish? Navigating IP in Academic Resea...

Patent or Publish? Navigating IP in Academic Research

Alex Slater

For many researchers and academics, the drive to publish is as strong as the desire to innovate. Academic success can be measured by publications, citations, and conference presentations.

However, when it comes to intellectual property, timing is everything and the well-intentioned presentation or publication of a paper can prevent you from obtaining a patent.

As a researcher who discovers something new and exciting, you will naturally want to share the findings, perhaps by preparing a manuscript and submitting it to a journal. If this occurs before considering the IP, the paper will count as public disclosure, destroying the invention’s novelty and ending any prospect of patent protection in many jurisdictions such as the UK or Europe.

This dilemma is common across universities, hospitals, and research centres. The good news is that with the right awareness and planning, researchers can take care of the patent requirements first and then publish.

What is Public Disclosure?

In patent law, a public disclosure means any non-confidential communication that makes your invention available to the public. This can include:

Journal articles
Conference abstracts or posters
Oral presentations
Research thesis
Online seminars or webinars
Discussions with external collaborators without a non-disclosure agreement (NDA)

Even if the audience is small or specialised, a disclosure is still considered public if there are no confidentiality restrictions. Once that happens, your idea is no longer ‘new’, and novelty is one of the key requirements for patentability.

Under Section 2(1) of the Patents Act 1977, an invention must be new at the time of filing. This means that if the invention has already been made public, it is no longer considered new and cannot be patented. Unlike the United States, which offers a 12-month ‘grace period’ allowing inventors to file within a year of publication, the UK and Europe have no such allowance, so public disclosure before filing can destroy patentability.

Timing is key to protect your intellectual property. Once the patent application is filed, publication no longer affects patentability meaning you can share your work knowing that your invention has some protection. One approach is to file a priority application before publishing. A ‘priority application’ (such as a UK patent application) establishes your official filing date (the date used to assess novelty and inventive step). From that point, you have 12 months to develop your invention further and decide where else to seek protection. Within this window, you can file applications abroad, such as a European patent application or an international (PCT) application, both of which can claim priority from your original UK filing. Once the priority application is submitted, you can publish your findings without losing rights.

In fields such as Life Sciences and Medtech, getting the timing right can be particularly challenging. Unlike in areas such as mechanical engineering, inventions in biotechnology, pharmaceuticals, or diagnostics often stand or fall on the quality and quantity of supporting data.

Generating that data, whether experimental results, clinical trial evidence, or validation studies can be time-consuming and costly. Patent offices, including the European Patent Office (EPO), have become increasingly strict about requiring that the specification supports the entire scope of what is claimed. Filing too early might mean your claims are too narrow or inadequately supported, filing too late risks losing novelty through disclosure.

This creates a delicate balancing act between securing the earliest possible filing date and gathering enough data to justify broad, commercially valuable claims. A well-planned strategy can help manage this and protect the invention effectively as research progresses.

Involving your institution’s Technology Transfer Office (TTO) early can be very helpful. Many universities, hospitals and research centres and have TTOs that specialise in identifying, assessing, and protecting inventions. Contact them as soon as you suspect your research may have commercial or clinical potential, ideally before submitting papers or abstracts.

Summary

Public disclosure destroys novelty. Always file before publishing.
Patent first, publish second.
Use confidentiality agreements when discussing your invention before filing.
Engage your TTO early.
Patenting and publishing can coexist when managed correctly.

If you’re a researcher or academic and think your work may have commercial potential, our patent attorneys can help you navigate the process from idea to protection.

Here at Maucher Jenkins, we have experience working closely with a wide range of clients including universities, NHS Trusts, and research institutions across the UK to secure robust patent protection ensuring your innovations are safeguarded before publication.