A defensive publication (DEF), or defensive disclosure, is granted to the inventor who does not decide on the patent coverage.
The U.S. Patent and Trademark Office (USPTO) issues this published patent application to the inventor so he/she can preclude others from acquiring a patent on product, method or apparatus; for example.
The intellectual property strategy includes the disclosure of a drawing and/or description of the apparatus, product or method in order that it can have access to public domain and become prior art.
The defensive in nature protection strategy lasts for just a limited period.
Defensive Publication was brought into effect between April 1968 and May 1985.
Later in 1985-86, the U.S. defensive publication was replaced by the Statutory Invention Registration.
The U.S. defensive publications are labeled as the alphabet “T” in the publication number, and all these publications are easy to search in the PTO patent search web page.
Since the scientists or inventors have to make their innovation’s details public, the innovation does not stay new and patentable any longer.
The connection between patenting and defensive publication is the need for novelty in a patent application.
Companies interested to take the defensive publication course must take into account following five below mentioned guidelines on how to publish:
Form: One of the most effective aspects of publication for precluding patentability is that consists of a comprehensive and complete detail of the whole concept or innovation.
- Accessibility: A key form of the definition of “state-of-the-art” is that the publication must be disclosed to the public.
- Timeliness: Organizations must be aware of the lead times related to each of the several methods of publication.
- Unambiguous Publication Date: Date on which the publication was made available to the public is also important to be proved.
- Rights: There exist a few aspects of defensive publication to help the inventor give way this submission of property rights, or even to partly preserve rights. Additionally, certain other rights—markedly database and copyright rights—could be brought about in the act of publication itself and can be preserved by the inventing organization.
Intellectual property (IP), for long, has been a backbone for organizations that come up with the next and the newest “best” products.
Accordingly, the battle for innovation has become a mad dash to the patent office.
New organizations must make their presence feel as soon as possible otherwise they will be left behind.
And reputable organizations should build upon and preserve their existing IP portfolios to vie in this innovation competition.
Companies, whether start-ups or major, can leverage the advantage of defensive publishing for the efficient management of Intellectual property (IP), without wasting their valuable resources and time.