Our new blog series – Innovation Insights – explores the innovation ecosystem, sharing founder stories, investment insights and practical advice from Begbroke.
By Dr Siobhan Dennis, Begbroke’s Engagement Manager
While enjoying a lovely meal with some of Oxford University’s industry-sponsored fellows recently, one particularly engaging member of the group asked me a question that got me thinking:
“Isn’t it patent or publish?”
It is a common assumption, and an understandable one, but it isn’t quite true.
The advice most researchers hear is “patent before you publish”, and for good reason. Public disclosure can include far more than a journal paper: conference presentations, posters, preprints, grant applications, websites and even conversations outside your institution can all have implications for patentability.
Equally, publishing is vital for an academic career and nobody wants to delay publication only to see someone else beat them to it.
So, surely, the answer is simple: file a patent as quickly as possible? Not necessarily.
Patenting too early has its own risks. Before filing, it is worth asking whether you have had enough time to understand where the real commercial value lies. File too soon and you may protect only a narrow aspect of the invention, missing opportunities to secure broader, more valuable intellectual property. Filing also starts the patent journey, bringing future decisions, deadlines and costs as the application progresses.
The real question is “should this idea be protected and when is the right time?”
The best decisions balance academic goals, commercial opportunity, patent strength and cost. Done well, patenting and publishing work together. A strong publication builds credibility, attracts collaborators and supports future funding, while a well-timed patent protects the innovation that could ultimately create real-world impact.
Before you hit submit, it might be worth asking yourself three questions:
- Is there anything genuinely new and could it have commercial value?
- Has this work already been disclosed?
- Have I sought advice before making it public?
Useful resources
- Think you’ve created something with commercial potential? Before you tweet it, present it or tell your mate down the pub, have a conversation with Oxford University Innovation. Better yet, keep an eye out for their regular office hours at Begbroke.
- This thoughtful interview with Professor Frank Tietze, published in Nature Communications, explores why patenting and publishing don’t have to compete.
- Take a look at the Intellectual Property Office website – because “I’m sure it was my idea” isn’t quite the same as an IP strategy.
