Brazilian academic production is vast and of high quality, often resulting in innovations that have great economic and social value. However, many researchers and academics are still not fully aware of the risks involved in publicly disclosing their research when it has the potential to be patented. A central issue in this context is the public defense of dissertations and theses, which, if carried out without due care, could compromise the right to patent the invention or technology developed.
The Relationship between Advertising and Loss of Novelty
In patent law, the concept of “novelty” is one of the essential requirements for an invention to be patentable. According to the Industrial Property Law (LPI – Law nº 9.279/1996), an invention is considered new when it has not been disclosed or made accessible to the public anywhere in the world before the filing of the patent application.
When defending a dissertation or thesis in a public session, the content presented becomes, in principle, accessible to the public, which characterizes the dissemination of the matter. In practical terms, this means that, if the invention or technology presented in the defense has not yet been the subject of a patent application, this publicity may result in the loss of novelty and, consequently, the right to patent protection.
When to Choose Secrecy in Academic Defense?
Secrecy in the defense of dissertations and theses must be considered when the research involves a subject subject to patenting and the patent application has not yet been filed. In these cases, it is essential to adopt measures that prevent public disclosure of the invention.
Academic institutions generally have regulations that allow the request for confidential defense. This procedure may include carrying out a defense restricted to members of the evaluation panel and other guests subject to confidentiality agreements. Furthermore, the final version of the work may be kept confidential until the patent application is formally filed.
Risks of Not Adopting Confidential Defense
The main risk of public defense without due care is the loss of the novelty of the invention. This loss prevents the invention from being considered new in the eyes of the National Institute of Industrial Property (INPI) or any other patent office in the world, making patent registration impossible.
Another risk is the possibility of third parties using the disclosed information to file patent applications for derived or related innovations, further harming the original inventor. This can lead to legal disputes and lost business opportunities.
Procedures to Protect Innovation in the Academic Scope
To ensure that an invention developed in an academic context has adequate protection, the following steps are recommended:
- Assessment of Patenting Potential: Before submitting the dissertation or thesis for defense, it is essential to analyze whether the content contains innovation with patenting potential. In this process, having the support of an office specialized in intellectual property can make all the difference.
- Prior Filing of the Patent Application: Whenever possible, it is recommended that the patent application be filed before academic defense. This way, even if the defense is public, innovation will already be protected.
- Confidential Defense Request: If the prior deposit is not viable, the defense must be requested in confidence, ensuring that the panel and others present sign confidentiality terms.
- Confidentiality of Academic Documents: The final version of the dissertation or thesis must be registered at the educational institution with a request to restrict public access until the filing of the patent application.
Final Words
The innovation generated in the academic environment has invaluable value, both for scientific development and for society as a whole. However, for this innovation to be properly protected and generate economic returns, it is essential that researchers understand the risks associated with the premature disclosure of their results.
The confidential defense of dissertations and theses, when there is potential for patenting, is a simple preventive measure, but extremely important to guarantee the protection of intellectual property and the exclusivity of exploitation of the invention.
By adopting this cautious stance, researchers protect their creations and ensure that, in the future, they can reap the fruits of their innovative work.
