Are patents compatible with Open Science?

"Even though the etymology and historical origin of patents suggest openness (“Open Letters”), the protection of intellectual property through patents is often perceived as inherently at odds with Open Science principles. This often leads researchers, even those merely considering the possibility of obtaining a patent, to withhold potentially patentable research findings and to be reluctant to adopt transparent scholarly communication practices, such as open publishing of research articles and sharing of research data. In this opinion piece, we explore the relationship between patents and Open Science practices, highlighting how and when they can co-exist in a balanced way without being mutually exclusive. In particular, three strategies are highlighted, which can help researchers adopt Open Science practices while still meeting the novelty requirements for patenting their inventions. These are (1) releasing research findings in Open Science formats after the filing date (priority date) of the first patent application, (2) releasing research findings in Open Science formats before the priority date under novelty grace periods available in some jurisdictions and (3) adopting a clear policy on intellectual property and Open Science disclosure that delineate what can be shared immediately and what must be temporarily withheld to protect potential patent rights. This opinion piece also emphasises the need for greater support and investment in non-commercial infrastructures for open patent information, in line with the commitments of the recently launched Barcelona Declaration on Open Research Information."