Publish versus patent


The concept of novelty is absolute. This means the invention must not have been published to the public in whatever form (e.g. as its own or foreign publication, by publish it at lectures, conferences,...). Therefore it is important that the invention is first applied for a patent before it is (written or oral) published in any form.

Typical 'dangers'?

  •     scientific publication
  •     presentation at a conference
  •     abstract for a conference (posters, internet, abstract book)
  •     dissertation, bachelor and master thesis
  •     institute seminar with external guests
  •     annual reports of the department,...
  •     website articles
  •     discussions with scientists or companys without signing a confidentiality agreement  (CDA)

'No danger'

  •     submitted publications during the review process
  •     internal institute seminars
  •     application for research funding (FWF,...)
  •     discussion with scientists or companys after having signed a confidentiality agreement (CDA)


In principle, however:  "first patent, then publish"