A defensive publication, or defensive disclosure, is an intellectual property strategy used to prevent another party from obtaining a patent on a product, apparatus or method for instance. The strategy consists in disclosing an enabling description and/or drawing of the product, apparatus or method so that it enters the public domain and becomes prior art. Therefore, the defensive publication of perhaps otherwise patentable information may work to defeat the novelty of a subsequent patent application.
One reason why companies decide to use defensive publication over patents is cost. In the United States, for example, to obtain a published patent application, one must incur at least filing fee, examination fee, search fees, and early publication fees (currently $530, minimum plus $300 for early publication), and meet the filing requirements for a proper patent application.
- "The defensive publication route is especially useful for innovations that do not warrant the high costs incurred in patent applications but to which scientists do want to retain access."
Famous quotes containing the words defensive and/or publication:
“This royal throne of kings, this sceptred isle,
This earth of majesty, this seat of Mars,
This other Eden, demi-paradise,
This fortress built by nature for herself
Against infection and the hand of war,
This happy breed of men, this little world,
This precious stone set in the silver sea,
Which serves it in the office of a wall,
Or as a moat defensive to a house
Against the envy of less happier lands;
This blessèd plot, this earth, this realm, this England.”
—William Shakespeare (1564–1616)
“Of all human events, perhaps, the publication of a first volume of verses is the most insignificant; but though a matter of no moment to the world, it is still of some concern to the author.”
—Herman Melville (1819–1891)