Questions tagged [patents]

Questions about patents. Patents are government licenses conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention without compensation.

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167
votes
11answers
27k views

My research paper filed as a patent in China by my Chinese supervisor without me as inventor

I completed my PhD 3 years ago from a university in the UK. Today I was looking for some papers in google scholar. I found a patent in China. The patent was written in Chinese however, all diagrams/...
33
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5answers
15k views

How do academics make money from applying their research?

There are a lot of very smart people in academia. They are at the front of human knowledge and push it further. Obviously, the research that comes out of academia is very new. My question is who ...
22
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5answers
11k views

Can PhD students patent their work

I'm not aware of any PhD candidates patenting their novel work/product. Is it not ok to patent something you worked on?
21
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6answers
7k views

Why don't professors start companies?

Why don't more professors attempt to use the knowledge gained during the course of their research work by starting a company and commercializing their findings? I'm asking this question per this ...
20
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2answers
194 views

How to protect scientific open research from being patented?

For instance, say a published paper demonstrated new possible invention or technology by analysing the data and publishing it publicly. Is there any way to protect such research or its data which can ...
19
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4answers
40k views

How to represent and cite a patent using BibTeX?

I need to cite some patents for a paper in BibTeX format. Google Patents provide me a BibTeX like this one: @misc{spangler1988method, title={Method and system for measurement of road profile}, ...
17
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3answers
576 views

What is the difference between Elsevier's 'waterfall system' and 'cascading peer review'?

A lot of people are grumbling about USPTO 9,430,468, "Online peer review system and method", which describes (if I'm reading it right) Elsevier's system of reallocating papers rejected from Journal A ...
16
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2answers
7k views

Can a university claim patent rights for inventions performed on my own time?

I'm working for a university as a research programmer (prof staff, exempt) on an external grant ("soft money"), and there is a clear understanding between me and my immediate supervisor/PI, and at ...
15
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3answers
8k views

Why is Paper Publishing and getting a patent completely unrelated?

I know that not all, but many papers (that are accepted and published) are based on ideas that can be patented as well. So, why is that there is no system in which a person can apply for a Publishing ...
15
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4answers
4k views

How should I avoid someone patenting technology in my paper/poster?

I am working on a paper in the field of AI. I've developed a new technology that allows many state of the art benchmarks to be improved on. I want to make sure that when I publish the paper, anyone/...
15
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2answers
639 views

Proving that the PhD work was done prior to someone else's patent

I'm in a peculiar situation, which I'll try to describe as concisely as possible. Around three years ago I worked on something and I published a preliminary conference paper, which described the ...
15
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1answer
518 views

Does applying for a patent first make it more difficult to publish (or vice versa)?

After working on a project some times, some results are obtained and we decide to publish it. I know publishing a paper and applying a patent can actually happen in the same time, but is there any ...
14
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4answers
13k views

What are the differences between a research paper and a patent?

I would like to know particularly how is regarded in a scientific community since it is not peer reviewed. It should be noted patents do not go through similar peer review as journal publications. ...
13
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3answers
2k views

Can I get inspired from Patented Algorithm?

I read an algorithm that is patented, I was inspired in one part of it and applied something similar (not exact) to my algorithm (e.g one step they applied out of their 10 steps algorithm I used in my ...
13
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3answers
3k views

If a research project leads to potential financial benefits, who owns such benefits?

I am deciding if I should follow the academic path or work in industry. One of the perceived benefits of academia is the ownership of your own work, be it papers or patents. I want to know how much ...
13
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6answers
706 views

Are patents appropriate in taxpayer funded academic settings?

I am asking because I work for a non-for-profit academic hospital where the vast majority of the funding comes, one way or another, from the taxpayer. It is certainly possible, actually encouraged, ...
12
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6answers
6k views

How to avoid theft of potentially patentable IP when trying to obtain a Ph.D?

When I was fresh out of college, I worked with someone who had their Ph.D who I'll call X. They told me that they had lunch with a person from Facebook who had told them about a Novel Algorithm ...
12
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2answers
804 views

How much do patents impact an academic career?

Patents are not normally considered as publications in scholarly journals, as they are not subject to peer-review. They are actually new ideas, but patenting does not guarantee the impact and ...
12
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2answers
562 views

Advisor trying to patent an idea for himself even though we wrote the paper together!

My advisor is trying to patent an idea without me. I got to know that he is registering the patent through the IP officer at our University. When I asked him about it, he did not give me a straight ...
11
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4answers
5k views

Patent Agreement in Order to Graduate

I am about to finish my masters in stats and in order to graduate I was told that I need to sign a document stating that any patents that I filed while enrolled at the university, belonged to the ...
11
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2answers
626 views

Balancing an internet startup and a tenure track professorship

What should do or consider to simultaneously succeed at my new professorship and my internet startup? I am starting a tenure track professorship in the fall. I am also on the team of an internet ...
10
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2answers
2k views

How much of a share should I have in a startup based on my PhD research? [closed]

I am about to conclude my Ph.D. work. The research has led to a possible commercial product which I always pushed. So now, after four years of work, we've filed four patents with three already granted....
9
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4answers
2k views

Academic value of patents versus published papers

What is the general viewpoint held in academia regarding patents, as opposed to published papers? Are patents regarded as similar in credibility to papers? As a software engineer returning to ...
9
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2answers
468 views

Does living in university housing mean that they will own intellectual property you create there?

So I was wondering. Most IP policies at Universities state that you must work on inventions, software, etc. on your own time in order to keep your rights to it. Most also say that you can't use ...
8
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3answers
2k views

Is it acceptable to transform an accepted paper (tier-1 conf.) as a patent? [duplicate]

Recently I have a paper acceptance from a tier-1 conference in our field of telecommunication. I have also submitted the extended version in IEEE Transactions as well. Is it ok (and acceptable) for ...
8
votes
4answers
1k views

Search techniques for finding references at the start of reviewing the literature for your research?

Whenever we start new research, we need to do a literature review first in order to both get acquainted with the context and the concepts related to our research as well as to situate our research ...
8
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2answers
574 views

If a paper or software is released to the public, can the university still file a patent?

It is my understanding that patents can be invalidated if there is prior art to the technique at hand; DJB has a piece that would suggest that this way authors can inadvertently invalidate their own ...
7
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2answers
1k views

Inventors on patent regarding research results

In our research institute, advisors give phd students a lot of freedom and sometimes are not so much involved in the research. This was also the case for my latest research project. I gave him some ...
7
votes
2answers
259 views

When an academic researcher decides to file for a patent, where does the budget to pay for the patent-related costs typically come from?

When an academic researcher decides to file for a patent, where does the budget to pay for the patent-related costs typically come from? From the academic researcher's budget? From the University's ...
7
votes
2answers
788 views

How to reuse a figure from a patent? Is it free to reuse?

I recently came across a journal article that included and referenced a figure (photograph) from a US patent. I found the patent, and I would like to use the same figure, and I'm wondering who the ...
6
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1answer
1k views

Why patents are not cited in papers as that of journal papers?

I couldn't find papers that cite patents. Is it OK to cite patents? If yes, what are the reasons for scarce patent citations?
6
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1answer
2k views

Does filing a patent application require disclosure in the paper publication process?

Suppose a patent has been filed (or is in process of being filed) over the same research that is described in a paper. Does filing a patent application require disclosure in the paper publication ...
6
votes
1answer
548 views

Should I use the filing, publication, or grant date when citing a patent?

What is the standard for citing granted patents and patent applications in a paper? For granted patents, three dates are available: filing, publication, and grant dates (see for example this patent). ...
5
votes
3answers
447 views

Does it makes sense to publish new math whose primary significance is its applicability to another field?

I have come up with a new mathematical method that has applications in a field outside mathematics. I have described the mathematics of it, and proved relevant theorems to show how it works. The sole ...
5
votes
2answers
209 views

How to search web for patents only?

How can a search be made at google-scholars, Scopus etc for only patents? I want to search patents on a given topic or a set of keywords, but the results mostly include papers. Where I have to scan ...
5
votes
2answers
454 views

Is patenting based on theoretical findings possible?

Imagine one, as part of their academic research, makes a theoretical finding of a new material with interesting properties based on a computer simulation. The method used in the simulation is sound ...
5
votes
1answer
524 views

Getting a patent after a poster abstract got accepted

I have submitted a poster abstract with my supervisors. The poster abstract got accepted, but we have not presented the poster yet. The poster describes a method we have invented and now we consider ...
4
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1answer
2k views

Can I patent work after I have published a paper about it? [duplicate]

I've published my scientific results one year ago, but I didn't apply for patent at that time. Can I still patent it?
4
votes
2answers
2k views

Double publication & parallel submitting a same study as a Paper and Patent

I have seen some discussions in this community about Academia vs. Market world. However, they couldn't satisfy my this question: Assuming what is written in answer of Why is Paper Publishing and ...
4
votes
1answer
100 views

Filing a patent before collaborating with industries?

During my recent research, I produced a little prototype which seems interesting enough for commercialization. I don't have the necessary resources to do it, so I naturally think about collaborating ...
4
votes
2answers
276 views

what steps to take when research result is patentable

I'm working on a nearly completed paper in CS. It deals with a memory module design, which, apart from being a novel idea, turned out to be of potentially commercial value. Now I was thinking of ...
4
votes
1answer
1k views

Should I include a patent in my cumulative PhD thesis?

I am writing my thesis as a cumulative PhD, meaning that instead of describing the outcome of my project in a standard book format I write a short introduction to the compilation of publications. My ...
4
votes
1answer
275 views

My research supervisors want to patent an idea I made and I get a minority part of the invention

I entirely came up with a novel idea. I did all of the research indepently. Both my supervisors want to patent the idea now. It seems that I'm getting a smaller stake in the patent according to the ...
3
votes
2answers
93 views

Can I publish photos or reconstructed drawing of the internal part of a patented instrument?

I am doing a publication using a specific optical instrument protected by different patents. To see how it works I opened it and I have redrawn the arrangement of the optical components. Am I allow to ...
3
votes
1answer
365 views

Submit an academic paper to arXiv built over a patented idea

We have our idea patented with the company we are working currently for. But, we have also been writing a paper draft on the theory and the mathematics behind the idea with practical results, plots, ...
3
votes
2answers
252 views

Publishing Unpublished undergraduate research after a decade

I want to see whether I can publish my undergraduate work after a decade. Context: This is to support my academic career as I am planning to apply for a PhD program (Biophysics/Chemistry/Structural ...
3
votes
1answer
147 views

Patented algorithm: what authors are allowed to do?

I work for an industrial research lab, which requires everybody to file 2 patents a year to achieve 100% in annual performance evaluation. Once the patent is filed, the algorithm in the patent is ...
3
votes
2answers
520 views

PhD advisor making start up company based on my thesis work. How do I prevent this from delaying my graduation?

I am a fifth year PhD student who has independently developed a project for my thesis. Recently, I have presented some promising preliminary results. My professor called it a 'gold mine', and wants to ...
3
votes
1answer
73 views

How can one know if some of the content presented by a paper is protected by a patent?

How can one know if some of the content (e.g., an algorithm) presented by a paper is protected by a patent? Papers rarely mentioned that a patent has been filed for it.
3
votes
1answer
146 views

Patents associated with research papers

Is there a way to know if the authors of a paper filed a patent related to their content? Is this usually documented in the paper, or is it not notated for some reason (i.e. information asymmetry)? ...