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:
“Stay-at-home mothers, . . . their self-esteem constantly assaulted, . . . are ever more fervently concerned that their offspring turn out better so they won’t have to stoop to say “I told you so.” Working mothers, . . . their self-esteem corroded by guilt, . . . are praying their kids turn out functional so they can stop being defensive and apologetic and instead assert “See? I did do it all.””
—Melinda M. Marshall (20th century)
“I would rather have as my patron a host of anonymous citizens digging into their own pockets for the price of a book or a magazine than a small body of enlightened and responsible men administering public funds. I would rather chance my personal vision of truth striking home here and there in the chaos of publication that exists than attempt to filter it through a few sets of official, honorably public-spirited scruples.”
—John Updike (b. 1932)