From the perspective of copyright law, you are the original author, and of course you enjoy copyright.
From the perspective of patent law, the novelty of patent will not be affected. The novelty of patent is evaluated from the date of application, and now it is in the actual trial stage, which does not affect the novelty of patent documents.
There are similarities and differences between invention patents and scientific research papers.
The first part of an application for a patent for invention is an introduction to the background technology, which requires the patent inventor to summarize the background technology and its shortcomings. The first step of scientific research paper is very similar to the application of invention patent, and it also introduces the previous research work and shortcomings. The difference is that scientific research papers must cite and list the corresponding references, while an application for a patent for invention can have no references.
The second part of the invention patent application is the technical scheme of the invention. This part is similar to the method of the paper, but there are many differences. This part requires the inventor to explain the technical scheme of the invention with words and formulas, not with charts. Even if the technical scheme of the invention is easier to explain the problem with charts, the inventor must convert the contents of the charts into words. In particular, the technical scheme involving complex devices requires special skills to be expressed in words. There are not too many restrictions on the method part of the paper, and the author of the paper can choose a writing method that is easier for readers to understand and understand. There can be detailed formula derivation and charts.
The third part of the application for a patent for invention is an example and an invention patent, and the inventor is required to explain the specific implementation of the invention with the appended drawings of the invention patent. This part is similar to the experimental part of the paper, but it is very different. The embodiment of the invention patent is one or more examples of realizing the technical scheme of the invention, and the main part of many papers is equivalent to one embodiment.
The fourth part of the invention patent application is the technical effect of the invention, which is similar to the conclusion of the paper. The difference is that it only takes one or two sentences to explain the technical effect of the invention, and it does not need to be based on strict logical reasoning. The conclusion of this paper is based on the analysis and reasoning of experimental data, which has high reliability.
The invention patent is examined by Patent examiners, and the key point is to judge whether the technical scheme of the invention is duplicated with the existing documents. Scientific research papers are reviewed by peers, focusing on whether the experimental data are reliable and the conclusions are accurate. As Patent examiners is generally not a peer, the technical effect of the invention cannot be guaranteed through patent examination.
The period from application to authorization of invention patents is generally 2 years, and the publication period of scientific research papers is generally within 1 year.