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ARTICLE · 12 OCTOBER 2005

Academics Must Protect Their Patent Rights

Duane Morris LLP
Duane Morris LLP
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Most scholars must produce timely research results -- otherwise they could lose financial support or not gain tenure. But the rush to announce or publish findings can sometimes cause unforeseen problems when it comes to protecting intellectual-property rights, particularly patents.

United StatesIntellectual Property

By Robert G. Copeland And Thomas F. Meagher

Most scholars must produce timely research results -- otherwise they could lose financial support or not gain tenure. But the rush to announce or publish findings can sometimes cause unforeseen problems when it comes to protecting intellectual-property rights, particularly patents.

The consequences are especially severe and immediate for patent applications filed abroad. Most patent offices outside this country require "absolute novelty" in deciding whether to issue a patent. That means that the invention must not have been previously known to the public, sold or offered for sale (publicly or secretly), or made available to the public anywhere in the world in any way before the filing date. If an invention is not "absolutely novel," a patent will not be granted in most countries.

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