Protect first, then publish

Patenting and publishing are not at odds – it’s the sequence that matters. The detail needed for publication often suits a patent, so check with us before you publish.

The importance of timing

Talking about your work is a core part of academic life, and something you should be proud of. But sharing your findings too soon could get in the way of protecting your invention.  

Patents require absolute novelty. Once key details are made public, in any form, you may significantly limit the protection you’re able to secure. To give your work the best chance of making an impact, it’s always wise to think about patent protection before you publish or present anything. 

You don’t need to navigate this alone. We can help you decide the right route, and prepare an application quickly if needed. As a guide, our checks usually take two weeks; the patenting process can take another four to six weeks. And we’ll do all we can to align with your publication schedule and academic goals.  

If you’ve inadvertently published, it’s still worth getting in touch – there may be some limited options we can consider.  

Please note that patenting doesn’t apply to software or algorithms as these are automatically protected by copyright. 

Get in touch

What is a public disclosure?

A public disclosure is any release of information that would allow someone to reproduce your work. They don’t have to be formal – and they’re often accidental.

A public disclosure can happen through: 

  • Journal articles, conference papers, abstracts or letters 
  • Talks, seminars, lectures or poster sessions outside of the University, or where there are external attendees 
  • Theses or dissertations, including those published online 
  • Websites, forums or social media posts 
  • Certain public Gen AI tools, including ChatGPT and CoPilot – although if you’re using the University’s ChatGPT Edu, this won’t count as disclosure 
  • Grant applications or progress reports made public 
  • Exhibitions, demonstrations or open days 
  • Emails or informal conversations with people outside your immediate team 
  • Confidential discussions with people outside of the University without a Confidentiality Agreement (CDA) 

If in doubt, assume it is going to be a public disclosure and get in touch. A quick check now could save you a lot of worry later. 

Discuss your publication plans

A few questions to ask yourself

Before you publish, present, or share your results externally, ask:

  • Have I contacted OUI? Early conversations help avoid accidental disclosure.
  • Is the invention clearly defined? We can assess whether it may be patentable. 
  • Do I have supporting data or examples? These can strengthen your application. 
  • Am I about to reveal anything enabling? Even small details can compromise novelty. 
  • Has anyone outside the University seen the work? If so, was it under a CDA or NDA? 
  • Will the project need more than a year of further development before it is ready for patent protection? If yes, publication timing might matter. 

If publication is imminent, don’t panic. We can often arrange for a patent application to be drafted and filed within days.

When can you share information?

Your exact timeline will depend on the type of patent, so it’s always best to speak to us first. But as a guide:

Before filing

Don’t share any new information publicly. Even a small public disclosure can compromise novelty and limit your options.

After filing

Once your initial patent application is submitted, you’re generally free to publish — as long as the publication doesn’t introduce new details that aren’t included in the application. If you have extra data or new insights, we may need to update or refile the application first. 

First year after filing

The first 12 months are particularly important. During this period: 

  • Additional data can be included in a follow-on application
  • International protection is usually sought through the Patent Cooperation Treaty (PCT)
  • Publishing new information can make it harder to file further applications with the original patent application date

If significant development is likely to continue beyond the first year, it may be safer to delay publication — and we can help you plan for that.

Find out who owns the IP
Oxford University Innovation sign mounted on the exterior wall of the building

How we can help

We work alongside specialist patent attorneys to guide you through the whole process. This includes: 

  • Assessing whether your invention is patentable 
  • Preparing and filing applications quickly when timings are tight 
  • Advising on public disclosure risks and the best publishing strategy 
  • Helping you balance academic progress with market potential 
  • Supporting you from initial filing to international protection 

You don’t need to put your academic work on hold. We’re here to help you publish confidently and protect the innovation behind your research.

Tell us your publication plans

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