Your Research Outputs are Under Protection
The delivery of research outputs promotes knowledge exchange and provides bases for future studies. Protecting the outputs facilitates continuing knowledge sharing, which will enhance research development. Research outputs in any format can be protected. In this post, we will explore intellectual property (IP), copyright, and patents. We will also discuss the dilemma between publishing and patenting.
Intellectual property
Intellectual property (IP) refers to creations of the mind, including literary and art works, symbols, and inventions (World Intellectual Property Organization, 2025a). Research outputs can be regarded as IP.
Copyright
Copyright is a legal term describing authors’ economic as well as moral rights over their IP. Economic rights refer to the rights to reward financially from the IP. Moral rights protect non-economic interests such as the right to claim authorship (World Intellectual Property Organization, 2025b).
Scientific publications including conference posters and journal articles are covered under copyright (The Wiley Network, 2025). Citations acknowledge the sources of the original works, but they normally do not serve as the authorizations to use copyrighted contents. A reuse permission is needed to reuse the copyrighted contents, and it usually can be requested from publishers who own the copyright.
Patent
Patent refers to the exclusive right granted for an invention. It provides legal protections covering the inventions and public access to the technical information about the inventions. It also ensures the inventors’ rights to decide what happens to the inventions. Such protections facilitate idea exchange and accelerate innovation (World Intellectual Property Organization, 2025c).
Scientific inventions including biological materials and research methods can be patented. The examples are listed in the following.
Examples of patented biological materials
- Polymerases for polymerase chain reaction (PCR)
- Specific cloning vector plasmids
- Roundup Ready TM crops
Examples of patented research methods
- PCR techniques
- Golden Gate Assembly methods
- Specific breeding methods
Licenses may be needed to use and save the patented inventions. Although patents have expiry dates, the use of the products may still be protected by certificates, licenses, or contracts.
Patents are territorial rights. They are granted by authorities in countries and regions where the inventions are protected (World Intellectual Property Organization, 2025d). To patent biological materials, some requirements may have to be fulfilled. For example, the biological materials may be required to be isolated from their natural environment, or synthetically or recombinantly produced (IP Australia, 2025). The detailed requirements can be checked with the patent application authority.
The dilemma between publishing and patenting
Both publishing and patenting require novelty. Publishing refers to all forms of distribution including journal articles, conference posters, exhibitions, and personal online blogs. If publishing comes first, the disclosure of contents may invalidate the related patent application. However, if patenting goes first, it is possible to reference the patent application in the related publication (Tietze, 2023). While publishing has been considered important milestones for research, patenting is sometimes thought to be hindering research development. However, it is worth noting that patenting is an act to protect the inventors’ rights to the invention, and it does not necessarily imply charges. There are numerous examples of inventors letting the inventions be used for free. The protections facilitate detailed descriptions of the inventions to enable further innovations.
Summary
Copyright and patent protect your research outputs. If you plan to apply for a patent, it is important not to disclose the contents beforehand. Also, proper records of the experiments leading to the inventions are necessary for successful patent applications.
- Research publications are protected by copyright.
- Inventions, including biological materials and research methods, can be patentable.
- Patents are territorial rights.
- Publishing prior to patent application may invalidate the application.
- Patents protect inventors’ rights and enable knowledge distribution.
References
IP Australia. 2025. What biological inventions can be patented. https://www.ipaustralia.gov.au/patents/what-are-patents/what-biological-inventions-can-be-patented. Accessed May 2025.
The Wiley Network. 2025. Are conference posters covered under copyright? https://www.wiley.com/en-us/network/research-libraries/content-licensing/copyright-resources/are-conference-posters-covered-under-copyright. Accessed May 2025.
Tietze F. 2023. The patenting versus publishing dilemma. Nature Communications 14, 1562.
World Intellectual Property Organization. 2025a. What is intellectual property? https://www.wipo.int/en/web/about-ip. Accessed May 2025.
World Intellectual Property Organization. 2025b. What is copyright? https://www.wipo.int/en/web/copyright. Accessed May 2025.
World Intellectual Property Organization. 2025c. Patents. https://www.wipo.int/en/web/patents. Accessed May 2025.
World Intellectual Property Organization. 2025d. How to protect inventions through patents. https://www.wipo.int/en/web/patents/protection#:~:text=Obtaining patents abroad: three routes,be in a near future? Accessed May 2025.
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About the Author
Yee-Shan Ku
Yee-Shan Ku is a Post-doctoral researcher at The Chinese University of Hong Kong and a 2025 Plantae Fellow. She is interested in comprehending life sciences at the molecular level. Her research focuses on plant-microbe interaction. X: @YeeShanKu1