Patent Consent Policy for International Medical Journal of Health (IMJH)
Legal & Intellectual Property Policy
This policy governs patent-related disclosures, consent requirements, and intellectual property protection for IMJH publications.
Important Notice for Authors
Disclosure of patent applications or granted patents is mandatory. Failure to disclose may result in manuscript rejection or article retraction.
View disclosure requirements →Policy Navigation
1. Policy Overview & Purpose
Policy Objective
This Patent Consent Policy establishes guidelines for managing patent-related interests in research published in IMJH. The policy aims to ensure transparency, protect intellectual property rights, and maintain scientific integrity while balancing publication and patent considerations.
Key Principles
- Transparency: Full disclosure of patent interests
- Timeliness: Early disclosure to prevent conflicts
- Balance: Respect for both publication and patent rights
- Ethical Compliance: Adherence to international standards
Legal Framework
- ICMJE Guidelines: International standards compliance
- Patent Law: Respect for national and international laws
- COPE Guidelines: Publication ethics standards
- Institutional Policies: Authors' institutional requirements
2. Scope & Applicability
Who This Policy Applies To
- All Authors: Corresponding and co-authors
- Reviewers: Peer reviewers of manuscripts
- Editors: Editorial board members
- Sponsors: Funding organizations
- Institutions: Authors' affiliated organizations
Types of Manuscripts Covered
- Original Research: Novel findings with patent potential
- Methodological Papers: New techniques or devices
- Case Studies: Clinical innovations
- Review Articles: Comprehensive analyses
- All Other Submissions: Regardless of article type
Types of Patent Interests Covered
Granted Patents
Patents already issued by patent offices
Patent Applications
Patents pending or under examination
Provisional Patents
Temporary patent applications filed
Licensing Agreements
Technology licensed to companies
Royalty Arrangements
Financial interests from patents
Patent Assignments
Patents assigned to organizations
3. Disclosure Requirements
Mandatory Disclosure Criteria
Authors must disclose any patent-related interests that could be perceived as influencing the research or its interpretation. This includes direct and indirect interests, whether financial or non-financial.
What Must Be Disclosed
| Category | Disclosure Requirement | Examples |
|---|---|---|
| Direct Patent Ownership | Authors who own patents related to the research | Inventor on patent, patent holder |
| Patent Applications | Pending patents related to manuscript content | Patent application number, filing date |
| Licensing Agreements | Technology licensed to/from companies | Exclusive licenses, royalty agreements |
| Financial Interests | Income from patent royalties or licensing | Royalty payments, consulting fees |
| Institutional Interests | Institutional patent policies affecting research | Institutional ownership, revenue sharing |
| Future Patent Plans | Intentions to file patents based on research | Planned applications, provisional filings |
Disclosure Statement Format
Required Disclosure Text (Include in Manuscript):
"The authors declare the following patent interests: [Describe patent numbers, applications, or interests]. This research may be subject to patent protection under [Patent Number/Application Number]. The authors/their institutions may benefit financially from this patent. This disclosure does not affect the scientific validity of the research findings."
4. Timing of Disclosure
Disclosure Timeline
Critical Time Points
Disclosure Process Timeline
Full disclosure required
Update if changes occur
Final confirmation
Public record created
5. Consent Requirements
Consent for Publication with Patent Considerations
When patents are involved, additional consents beyond standard publication consent may be required.
Required Consents
- Patent Holder Consent: Permission from patent owners
- Institutional Approval: For institution-owned patents
- Co-Inventor Agreement: All inventors must consent
- Licensee Consent: If technology is licensed
- Funding Agency Approval: For funded research
- Ethics Committee: For patient-related inventions
Special Situations
- Pending Patents: Risk of disclosure affecting patent rights
- International Patents: Different jurisdictions' rules
- Confidential Information: Trade secrets or proprietary data
- Government Patents: Special restrictions may apply
- Joint Ownership: Multiple patent holders
- Exclusive Licenses: Licensee restrictions
Documentation Requirements
Written Consent Required For:
- All patent holders
- Licensing organizations
- Institutional technology transfer offices
- Funding agencies with patent rights
- Any commercial entities involved
Consent Must Include:
- Permission for publication
- Acknowledgment of disclosure
- Understanding of timing implications
- Agreement to patent-publication balance
- Contact information of consenting party
6. Conflict Management & Resolution
Managing Publication-Patent Conflicts
Conflicts between publication timing and patent protection are carefully managed to protect both scientific dissemination and intellectual property rights.
Common Conflict Scenarios
Publication before patent grant may affect novelty requirements in some jurisdictions. We coordinate timing with authors' patent attorneys.
Different countries have different grace periods. We consider the most restrictive jurisdiction when scheduling publication.
Some patent-related information may remain confidential. We work with authors to determine appropriate disclosure levels.
Resolution Strategies
- Option 1 Delayed publication until patent filing
- Option 2 Limited disclosure in manuscript
- Option 3 Embargo until specific date
- Option 4 Patent-pending notice in publication
- Option 5 Separate patent and publication versions
- Option 6 Consultation with patent office
Resolution strategy is determined case-by-case in consultation with authors and their legal advisors.
Conflict Resolution Process
Identification
Conflict identified during submission review
Consultation
Discuss with authors and legal representatives
Strategy Development
Develop appropriate resolution strategy
Implementation
Execute agreed-upon resolution plan
7. Publication & Patent Rights Balance
Publication Rights
IMJH's right to publish scientific findings must be balanced with patent protection requirements.
Journal's Position:
- Commitment to scientific dissemination
- Respect for intellectual property rights
- Flexibility in publication timing
- Transparency in patent disclosures
- Collaboration with patent holders
Patent Rights
Authors' and inventors' rights to protect intellectual property are respected and accommodated.
Author Protections:
- Grace period considerations
- Confidentiality of sensitive details
- Coordination with patent filing
- Clear disclosure requirements
- Legal compliance assurance
International Considerations
| Jurisdiction | Grace Period | Publication Impact | IMJH Approach |
|---|---|---|---|
| United States | 12 months | Publication before filing may be allowable | Flexible timing possible |
| European Union | 6 months | Strict novelty requirement | Careful coordination required |
| Japan | 6 months | Limited exceptions | Pre-filing consultation |
| China | 6 months | Strict absolute novelty | File before publication |
| India | 12 months | Similar to US system | Flexible approach |
8. Policy Enforcement & Consequences
Enforcement Framework
This policy is enforced consistently and fairly. Violations are taken seriously and may result in significant consequences.
Policy Violations
- Failure to Disclose: Not revealing patent interests
- Incomplete Disclosure: Partial or misleading information
- Late Disclosure: Delayed revelation of patent status
- False Information: Providing incorrect patent details
- Consent Violation: Publishing without required consents
- Timing Violation: Ignoring publication-patent coordination
Enforcement Actions
- Level 1 Manuscript rejection without review
- Level 2 Article retraction after publication
- Level 3 Author sanctions (1-3 year ban)
- Level 4 Notification to institutions/employers
- Level 5 Public notice of violation
- Level 6 Legal action if warranted
Enforcement Procedure
Step 1: Detection
Violation identified through review process, reader complaint, or internal audit
Step 2: Investigation
Editorial committee investigates the alleged violation thoroughly
Step 3: Determination
Committee determines violation level and appropriate action
Step 4: Notification
Authors notified of findings and proposed actions
Step 5: Appeal
Authors may appeal within 30 days with additional evidence
Step 6: Final Action
Final decision implemented and recorded
9. Compliance Procedure for Authors
Step-by-Step Compliance Guide
Follow this procedure to ensure full compliance with the Patent Consent Policy.
Pre-Submission Compliance Checklist
Compliance Resources
- Disclosure Template: Standard format for patent disclosure
- Consent Form: Template for patent holder consent
- Checklist: Step-by-step compliance guide
- Timeline Planner: Publication-patent coordination tool
- Jurisdiction Guide: Country-specific patent laws
- FAQ: Common questions and answers
- Case Examples: Previous compliance scenarios
- Contact List: Editorial support contacts
Policy Information
For patent policy questions or guidance:
10. Contact Information & Support
Policy Support Contact
Response Time:
Within 24-48 hours on business days (Monday-Friday)
Legal & Compliance Contact
Consultation Availability:
By appointment for complex cases
Related Policies
Complementary Policies:
External Resources
Editorial Support
Our editorial team provides comprehensive support for patent-related issues. We understand the complexities of balancing publication and patent rights and offer personalized guidance throughout the submission and publication process. Early consultation is encouraged for manuscripts with patent considerations.
Policy Acknowledgment
By submitting to IMJH, authors acknowledge:
- ✓ Understanding of this Patent Consent Policy
- ✓ Agreement to comply with all requirements
- ✓ Responsibility for accurate disclosure
- ✓ Acceptance of enforcement consequences
Policy Version Information
Version 2.1 | Last Updated: January 15, 2024 | Next Review: January 2025