defensive publication

{{Patent law}}

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.{{cite web|title=FAQs|url=http://www.defensivepublications.org/defensive-pubs-faqs|archive-url=https://web.archive.org/web/20150908052338/http://www.defensivepublications.org/defensive-pubs-faqs|archive-date=8 September 2015 |url-status = dead|website=Defensive Publications|accessdate=8 December 2020}} Therefore, the defensive publication of perhaps otherwise patentable information may work to defeat the novelty of a subsequent patent application.{{cite journal|last1=Barrett|first1=Bill|title=Defensive use of publications in an intellectual property strategy|journal=Nature Biotechnology|date=2003|quote=[. . .] the successful defensive publication renders the competitor's invention obvious or lacking in novelty.|doi=10.1038/nbt0202-191|volume=20|issue=2|pages=191–193|pmid=11821867|doi-access=free}} Unintentional defensive publication by incidental disclosure can render intellectual property as prior art.{{cite web|last1=Huggins|first1=John|title=Copyrights, Designs and Intellectual Property|url=http://www.hamradio.me/uncategorized/copyrights-designs-intellectual-property.html|website=Hamradio.ME|accessdate=27 October 2015}}

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,{{When|date = March 2015}} 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."S. Adams, V. Henson-Apollonio, "Defensive Publishing: A Strategy of Maintaining Intellectual Property as Public Goods" [https://web.archive.org/web/20061007120206/http://pdf.usaid.gov/pdf_docs/PNACS088.pdf], USAID