Based in Sydney, Australia, Foundry is a blog by Rebecca Thao. Her posts explore modern architecture through photos and quotes by influential architects, engineers, and artists.

Can Anyone Patent My Idea from My Published Research Paper?

No, as some of the answers point out, one requirement for a patent is that the described invention is not in the prior art. Because your system was made public over a year ago, it is in the prior art. So, any attempt to patent it now will be unsuccessful. Your research paper will hold up in court if a competitor attempts to patent your system.

However, you will not be able to exclude others from actually using your system because you do not have your own patent. Once an invention is made public the inventor has one year to apply for a patent. After a year, the information is considered to be in the public domain and thus not eligible for patent protection by anyone including the inventor.

If you have made any improvements on your invention that were not included in the research paper, it’s possible you could get a patent on the improvements. An improvement on an invention basically has to be an invention of its own and meet the same requirements as the original patent, though. Anything that could be considered an obvious improvement on the originally described design will not be enough.

A patent can be very a valuable tool for a startup, so I encourage you to look into your eligibility.

What Are the Steps to Starting a Company If on an F1 Visa in the US?

Is There a Practical Guide for What One Should Look for When Signing Someone Else's NDA?