Can I explain the detail of my US patent in a manuscript and publish it? Is there any instruction explaining laws of US patents in a scientific article.
Dear Mohammad,
It is difficult to answer your question precisely without additional information :
- the topic of your patent application (biotech, chemistry, ...);
- where you stand now in the US / intern. patent procedure;
- unicity of your patent application ...
If you have already applied, you can of course publish without breaking the novelty. It is not necessary to explain US patent regulation. Your publication could even reinforce your patent (and its inventors) in the sense that it will touch potential industries before the publication of your application. You have to clearly mention the title of your patent anf the inventors.
Your patent is about an invention and your publication will be about a discovery. It is not only the style that has to be different but also the core of your results.
All the best for 2016 !
I think you can publish the details of patent as itiş format is different than an article. However, the reçelse is not possible, as the eprir of a patent is the innovation
Dear Mohammad,
It is difficult to answer your question precisely without additional information :
- the topic of your patent application (biotech, chemistry, ...);
- where you stand now in the US / intern. patent procedure;
- unicity of your patent application ...
If you have already applied, you can of course publish without breaking the novelty. It is not necessary to explain US patent regulation. Your publication could even reinforce your patent (and its inventors) in the sense that it will touch potential industries before the publication of your application. You have to clearly mention the title of your patent anf the inventors.
Your patent is about an invention and your publication will be about a discovery. It is not only the style that has to be different but also the core of your results.
All the best for 2016 !
Currently I am in the process of publishing results based on experiments carried out using my invention.What I can tell you is that:
The process of describing your patent is different for a publication. The strategy of patents is to narrate an enablement and in many cases can contain multiple embodiments (ways of constructing your invention). In a publication the goal is to provide enough detail of a scientific procedure (on which the invention plays a role) so that the results are reproducible. A detail that is extremely relevant for publication is the experimental setup, which in most patents is not included. This happens becauseyou want to be as general as possible in the patent narrative.
For your second question, it is generally no, since legal analysis is different than scientific arguments (though I am writing on the concept of Novelty and nonobviousness.
If you have any other question you can email me and we can discuss it further.
Hope this helps
You could çite it in your references according to the format you are using in your article or thesis (such as APA or MLA formats). These guide boks give examples for the reference systems.
You can refer to your patent application in your article
however while it is definitely a possibility, great care should be taken in publishing scientific article about your patent application (at least until the patent application is made public)
experienced patent drafter know that while patent application should include sufficient detail to fully describe an invention, extra care is applied to leave it as wide as possible
by publishing a scientific article about your patent application, while you will give it more exposure, you might also expose yourself to "educating your competitors" by providing them scientific background either instructing them away from non functioning direction (which would otherwise cost them to discover as non functioning alternative) or worse, direct them to identify the right (or alternative better subset) of your patent application and therefore enable them to patent "improvement over" your own "patent application".
let's say, for pure illustration, that you applied for patenting a knife "a sharp blade associated with a non sharp end" and that you would disclose in the intended article that "knife performance increase with blade length", well, depending on the exact wording of your claim, you competitor might be able to succesfully apply for a new patent application for "knife with long blade" where they merely add that "said blade would be longer than X", which could be legitimate depending on your own patent application drafting
while this would not invalid your patent, they would have to pay you a royalty to produce their knife, you would nonetheless be prevented from producing "knife with long blade" without having to pay them royalties too...
to steer clear from any such risk you should probably request an independent critical review of your proposed scientific article by a professional patent advisor fully aware of your patent application. Twice as much if as many inventors you drafted yourself your current patent application
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