Can a researcher publish his/her findings? If yes, how does it affect patenting in the USA and in foreign countries?
A. Researchers are generally free to publish or make public disclosures of their findings any time, in any media of their choice, limited only by any pertinent contractual obligations. However, a public disclosure or publication destroys most non-U. S. patent rights immediately if a patent application has not already been filed; U. S. patent rights are lost if a patent application is not filed within twelve months of the publication or presentation. In most cases, filing a U. S. patent application before the first publication or presentation will temporarily preserve the right to file outside the U. S. Contact OIP to discuss further.
