3/2/2010
by: Joseph Page
Topic Views: 667

Defensive Patent Publication

A blocking maneuver

Defensive Publication
Related Topics: Defensive Publication , Statutory Invention Registration

Sometimes in an action characterized as a 'defensive patent strategy' one attempts to restrict or otherwise prevent others for example competitors from getting patent(s). This is done by registering an invention on an early date prior to that which others might be able to apply for a patent on a similar or identical invention. In a statutory invention registration, an inventor formally records details of an invention which can then be used as prior art against other later coming applicants.
The inventor doesn't get a patent or any patent rights or rights to exclude others form using the invention, but does prevent others from getting a patent. Where you have competitors who tend to seek patents in the fields in which you work – you might consider registering your new ideas as statutory invention registrations. The law for this kind of action is set forth here: 35 U.S.C. 157 Statutory Invention Registration.
To effectively use this strategy one needs to still provide a very detailed disclosure explaining every aspect possible. If an SIR is recorded but leaves out significant details, later coming inventors may actually be helped along and deeper into your sensitive fields. Accordingly, it is wise to prepare these registrations quite carefully.

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Patent Services Header Intellectual Property Patent Agent, patent attorney, patent law Patent Topic: "Defensive Publication" Patent Attorney Invention HOME IP Tip: #9
Since patents are quite similar from nation to nation, it is possible to file a single patent application with the Patent Cooperation Treaty guidelines and prosecute the application singly in the first few years.  After the application matures, the application is granted at each national patent office.  In this way, it is possible to save a considerable amount of money avoiding patent development fees at every nation.  Because patent principles such as 'obviousness' and 'inventive step' have different standards, a PCT application should account for each of these. Patent Attorney, Patent law Patent Cooperation Treaty
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