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ARTICLE · 19 SEPTEMBER 2023

Should I First Publish Or Patent My Research Work?

In a world full of innovative and competitive ideas, every innovator seeks to stay ahead in the competition, therefore, want their research work to come in public domain as soon as it is developed.

IndiaIntellectual Property

Introduction:

In a world full of innovative and competitive ideas, every innovator seeks to stay ahead in the competition, therefore, want their research work to come in public domain as soon as it is developed. But the real question is – should they go ahead for paper publication first or patent filing? Does publishing the work beforehand have any effect on the grant of a patent?

The Assumption:

Usually, these conditions are shredded with confusion and some researchers must pay more attention to it. A common mistake that some researchers make is by assuming that paper publication of their research work will have no negative bearing on securing a patent because it is their invention and they can choose to file a patent application after the paper publication. This assumption is untrue because “novelty” is the first patentability criteria checked for granting a patent (apart from inventive step and industrial applicability).

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