For an invention to be patentable, it must be novel, and novelty means that an invention has not been disclosed to the public in any form before the filing date of a patent application. This includes not having been made public in prior patents or in published patent applications. It also cannot have been revealed in scientific publications, in public presentations such as at a conference presentation or in a scientific poster, in a product description, on any website, or through any other publicly accessible information.

Many startup businesses within the life science sector are grounded in the academic world, often stemming from cutting edge research conducted in universities and in other research institutions. The symbiotic relationship between academia and entrepreneurship fosters innovation and drives the translation of scientific discoveries into practical applications and commercial ventures. However, it also presents a delicate balance between the desire to share knowledge and the need to protect intellectual property (IP). This balance can pose a challenge for novelty, as the pursuit to uncover the pieces of nature’s puzzle, which is driven by curiosity and by a passion for advancing knowledge, often involves sharing new findings through publications and presentations. The balance between publishing findings and protecting IP requires strategic decision-making regarding what information to disclose openly, and when to do so, to attract collaborators and investors, and what proprietary knowledge to keep confidential or protect through patents, trade secrets, or other IP mechanisms. Successful startup ventures in the life sciences effectively manage this tension, leveraging academic insights while safeguarding their competitive advantage to drive innovation and commercialization.

For academic entrepreneurs and startup ventures, it’s crucial to protect specific data through secrecy, especially results that didn’t produce anticipated outcomes, to gain strategic advantages. This seemingly counterintuitive tactic allows for fine-tuning of strategies and products without revealing vulnerabilities to competitors or by disclosing information that may destroy novelty for an invention. By selectively withholding such information, startup businesses can maintain a competitive edge, refine their approaches, and get a head start in delivering more impactful solutions to market. This approach underscores the nuanced decision-making inherent in the pursuit of commercial success within the field of life sciences, but also in other fields, highlighting the delicate balance between transparency and strategic discretion.

At Bergenstråhle & Partners, we understand the dynamics of intellectual property and its pivotal role in the success of startup ventures within the life sciences sector. We also understand the need for academic researchers to publish their findings. Our team of experienced professionals are equipped to provide tailored guidance and strategic counsel to help academic entrepreneurs and startup businesses make informed decisions regarding their IP assets. Whether it’s crafting an IP strategy, conducting patent searches, drafting patent applications, or navigating the complexities of IP enforcement and licensing, we are committed to empowering startups to maximize the value of their intellectual property rights. By partnering with us, you can leverage our expertise and resources to safeguard your innovations, enhance your competitive position, and unlock the potential of your IP in driving business growth and success.