Can I patent a discovery after publishing it?
In the US we have a year from the date of first publication to file a patent application. In virtually all other countries a patent application cannot be filed if there has been any prior publication. The only exception to this rule is provided under an international treaty specifying that if a patent application has been filed in the U.S. prior to publishing, we are allowed a year from the application date to file in other countries. Accordingly, we encourage you to submit your invention disclosure to this office as early as possible before submitting your findings for publication in order to ensure maximum opportunity for us to seek industry interest and to consider worldwide patent protection.