The Significance of Publishing Intellectual Property

Publishing intellectual property has a varied effect on the intellectual property, depending on the type.

If you have an idea that is too broad to patent but you wish to protect the intellectual property in the idea—publish it in a journal or magazine, in turn placing your claim on the idea.

There are legal deadlines that might limit your ability to receive a patent for your idea. If your patent is disclosed (published) publicly and the disclosure was made without protection of a confidential disclosure agreement (CDA), in the U.S., you have 12 months to file for a patent on this idea. You cannot be granted a patent after the deadline has past.

If your idea is disclosed under a CDA, then you still can file for a patent anytime during the one-year period following its disclosure under CDA. A trademark is protected by virtue of its registration in the USPTO. A copyright protects the idea, once published and showing the appropriate copyright statements. So, yes, publishing intellectual property has a variety of significant effects.