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:
“Compared to football, baseball is almost an Oriental game, minimizing individual stardom, requiring a wide range of aggressive and defensive skills, and filled with long periods of inaction and irresolution. It has no time limitations. Football, on the other hand, has immediate goals, resolution on every single play, and a lot of violence—itself a highlight. It has clearly distinguishable hierarchies: heroes and drones.”
—Jerry Mander, U.S. advertising executive, author. Four Arguments for the Elimination of Television, ch. 15, Morrow (1978)
“An action is the perfection and publication of thought. A right action seems to fill the eye, and to be related to all nature.”
—Ralph Waldo Emerson (1803–1882)