Can I patent a model that I described in a paper or that I adapted from a model proposed by someone else? Is a patent more prestigious than a paper?

Question

Academic papers in engineering sometimes propose a new model to tackle prior difficulties. These proposed models are not usually patented. For example in experimental papers and many power electronic papers, the models are fully available.
I have a published work that proposes a new model, but it is pure computer simulation and math.

So, my questions:

1. Can I patent my own published paper?
2. Can I use others' paper and patent their idea? (specifically experimental for papers)
3. If the answer of 1 or 2 is not, how many modifications do I need to apply in my model be able to patent it?
4. If I have an original idea to propose a new model, what should I do then: A patent or good rank ISI paper?

Answer 1

If I have an original idea to propose a new model, what should I do then: A patent or good rank ISI paper?

It depends on your objectives.

1. If you want to make money from your model: Get a patent.
2. If you want to earn academic reputation: Publish a paper.

In many cases, it's actually possible to do both - assuming your "model" can be patented at all. However, note that patent fees can be quite expensive, and it is usually only worth paying if you really aim to make money from it. The academic reputation gain from a patent is mostly marginal.

Answer 2

You don't patent papers. You patent ideas.

You can't patent other people's published work because their published papers are clear evidence of prior art.

Why do you want to patent a computer model in the first place? Why do you want to restrict people's use of it? How lucrative will it be?

Answer 3

Adding to the other fine answers:

• It costs a considerable amount of money to file a patent.
• Patents are written using very specific idiom and formulations. There are commercial bureaus that rewrite your idea into a proper patent proposal, but that also costs a serious amount of money.
• You can find most patents through the world intellectual property organisation (WIPO): https://patentscope.wipo.int/search/en/search.jsf . Have a look there and read some patents in your target domain, if you want to proceed.

Answer 4

Im Not A Lawyer. Heres what I have found in my own experience.

First, this is very country specific. Both in terms of what is 'good' for reputation and what is allowed by the patent law.

In many countries, you can publish a paper and then patent the (or some of) idea within a certain time period, usually under 1 year, of course, it must be your paper.

As for modifications, that will be up to the evaluator. There are rules, novelty, innovative step, etc. You need to read your specific countries rules for what qualifies an idea to pass.

In some countries and research areas, patents are well regarded. For example, in parts of Asia, I have seen patents very admired as it helps research institutes make money that can be used outside of the normal grant allowances.

This all depends on your target audience. If you want to join the lab of someone who is very open-source minded, having a patent might be a turn off for them. If you join a lab that has many grants from industry, it is possible they like to have someone with experience in patents, which could lead to a better chance of getting industry funded projects if the company wants to work with people that can get patents from research funding (which can be shared IP or not, depending on location).