How do publications affect patentability?
Inventors must be aware of certain statutory bars to patenting that are activated by publishing a description of the invention. 35 U.S.C. 102(b) describes bars to patentability. Publication can occur in a variety of forms: an article, thesis, electronic message, brochure, or powerpoint presentation at a conference can all constitute publications. Once a publication occurs, U.S. patent protection is barred if a patent application is not filed upon the expiration of one year following publication. For foreign patents, publication may constitute an automatic bar to patentability. System policy strongly discourages and in certain circumstances prohibits agreements that withhold or unduly delay publication of research results. However, OTTIP and the inventor, if he or she chooses, can cooperate through appropriate timing of disclosure, patent filing and publication to preserve commercial value and still meet any sponsor obligations without hindering dissemination of research results.
