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)
“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)