At least after the filing date notified by the patent office, that is, the patent application comes first and the paper is published later, which is an expedient measure.
One of the most authoritative academic journals in the world, American Science magazine published an article entitled "Double Frontiers: Patent Invention and Prior Scientific Progress" in August 1 1 2065438. Because people don't know how much the progress of cutting-edge science supports market inventions, by comparing 4.8 million American patents with 32 million scientific papers, the author finds that most academic papers will lead to subsequent patent inventions, and patents can be traced back to corresponding papers. Among them, biomedicine, computer science and engineering are closely related. It can be seen that there is a close relationship between patented technological inventions and the publication of scientific papers.
How should a researcher or research team handle the relationship between patent application and scientific paper publication? The author once contacted a professor who wanted to apply for a patent in China for the research results of the university for many years. The technical scheme is very advanced and the effect is very good. He has contacted the company to prepare for mass production. In order to seize the opportunity in cooperation with enterprises, make his intellectual achievements get reasonable benefits and get judicial protection, and also make products gain technological monopoly advantage in the domestic market, he wants to apply for a patent with this research result. However, in the process of contact, I regret to find that he published a paper in an international academic journal earlier, which disclosed in detail the principle, structure and structure of this equipment design, which directly destroyed the novelty of the patent he wanted to apply for, making it very difficult to write the patent application document, because if it is more novel and creative than his own published paper, it is necessary to add novelty and creative technical features to the design disclosed in the paper. However, this paper has disclosed every detail of equipment design in great detail, and it is almost impossible to add any technical features. Even if it is barely written and submitted to China National Intellectual Property Administration, it is difficult to get authorization. Due to the wrong arrangement of publishing a paper or applying for a patent first, it is difficult to apply for a patent for such a good technical idea because of the inventor's own reasons, and the inventor's intellectual achievements have encountered avoidable legal problems in the process of industrialization transformation, which is really worth learning from by researchers. Therefore, it is very necessary for researchers to know some basic intellectual property knowledge.
Publishing papers before patent application has a negative impact on patent application, and applying for a patent does not affect publishing papers after application. Considering the novelty of the patent, we should carefully choose the publication time of the paper, and ensure that the publication time of the paper should be after the patent application, at least after the application date notified by the patent office, that is, apply for the patent first. It is an expedient measure to publish papers later, because the novelty and creativity of patents will not be affected, and the achievements of scientific research papers will be protected by both copyright and patent rights.