When should you publish in the patent process?

It usually takes about 5 years for a patent to come through from start to finish. A frequently misunderstood question in the academic world is, "When can you publish and still protect your patent rights?" The simple answer is as soon as you file a patent application. Novelty is the main requirement for patentability. There is a one year grace period in the US after public disclosure, but not internationally. If you don't file before you disclose, you lose any international claim.

However, Colin Sandercock emphasized that the initial provisional patent you file needs to be a good patent, and cautioned against hurriedly filing a patent at the last minute, just before you present or publish your work. A patent application should be submitted before you publish or present your findings and you need to be sure that your application has basis for what you want to claim. Otherwise, that same publication will be used against you when you try to file a more complete and defensible patent.