On-line publishing and its effects on intellectual property protection

As the opportunities to electronically publish research findings increase, additional awareness is necessary to ensure that Mississippi State intellectual property is properly safeguarded. The capability to share scientific information through electronic mail, electronic bulletin boards and Internet postings is relatively new, is growing rapidly, and has not been fully examined in light of traditional intellectual property guidelines.

For example, U. S. patent law requires that a patent application be filed within one year of any type of public disclosure. In fact, in most foreign countries, an invention cannot receive a patent if it has been publicly disclosed before the patent application was filed.

Traditionally, disclosure has been defined as the publication date of a journal article or public presentation. In most instances, it also applies to information that is contained in preprints of articles sent to selected readers. Guidelines for dealing with this type of disclosure have been developed over the years and are fairly clear.

Very few guidelines, however, have developed so far concerning the electronic arena, especially the use of the growing number of scientific forums on the Internet. Some scholarly journals now electronically publish abstracts of articles on the Internet months before the formal date of publication of the journal on paper. In fact, some journals, in a effort to combat rising publication costs, are considering full text electronic articles. Additionally, many scientific organizations now post abstracts of presentations that are scheduled to be made at upcoming conferences. In many cases, these postings are as much as six to eight weeks in advance of the conference. Most organizations inform faculty members of these postings but many do not. In any case, the postings would possibly constitute public disclosure and make the patenting process, if it is appropriate, all the more difficult.

As in the case of published paper journals, if the electronic abstract or full text article contains enabling information about the researcher's invention, the one-year clock starts automatically during which a full patent application is required if the invention is to be protected. By the same token, this electronic publication, in most cases, will establish a patent bar in foreign countries.

As always, university staff and faculty members who plan to publish or present research findings that may contain valuable intellectual property are asked to contact the University Patent Officer well in advance so that appropriate measures may be taken. This step is even more critical now that electronic publishing is becoming more commonplace. The University Patent Office will assist the researcher to ensure that publication and/or presentation is possible and does not interfere with the patenting process.

For more information, contact the University Patent Officer at 325-3521.