The filing date of the patent application is the official timestamp.
From this point, what was “already known” before is fixed (priority date).
Anything that was public before this date – talk, paper, preprint, conference poster, blog post – can jeopardise the patent application.
Please also note that your idea/invention must not be entered into public AI systems (e.g. ChatGPT, Copilot, or similar). Once entered, this information loses its confidential character and can no longer be protected by a patent.
So: file first, then publish. No publishing, presenting, or posting before the patent application is submitted.
Patent application and publication
A patent application usually does not need to delay your publication. Peer-review processes are normally confidential – clarify the journal's policy in advance. The patent application can be drafted and filed in parallel with peer review. That way, publication and IP rights go hand in hand.
Typical situations – does this count as publication?
Situation
Internes Kolloquium
Public
Internal colloquium
Recommendation
Still clarify with the technology transfer office beforehand.
Situation
Conference submission (not yet accepted)
Public
May count as publication, depending on the process.
Recommendation
Clarify before submission in any case.
Situation
Preprint on arXiv
Public
Yes
Recommendation
Contact the technology transfer office before upload.
Situation
GitHub (public)
Public
Yes
Recommendation
Contact the technology transfer office before upload.
Tip
Unsure whether something is “public”? Treat it as public. Better to report too early than too late.
Example
February 2026 – Engineer Anna develops a novel sensor system in her university's research department that can control the energy consumption of electric vehicles much more efficiently. At the same time, her team is preparing a technical paper for an international conference. At first, she worries that a patent application might delay publication.
Her concern is unfounded: the patent office explains that the journal's confidential peer-review process is usually not a barrier and that the patent application can be drafted and filed in parallel. That way, the specialist publication and IP rights are secured at the same time.
Ready for the next step?
Now you know: first comes reporting your invention and filing the patent application. Only then can you publish. Continue to step 5 "Publish and protect without losing momentum?".
