3/2/2010
by: Joseph Page
Topic Views: 3032

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: #2
A 'provisional patent application' has no prescribed or required format.  You can prepare a description in any form you like.  Combine that description with this cover sheet; a small fee ($ 105); and mail it to: Commissioner of Patents, P.O. Box 1450, Alexandria, VA 22313-1450.   It is that easy.  While there is no set format, you should include as great of detail as possible including drawings.  You will have up to 12 months to convert the application to a full patent. Patent Attorney, Patent law Provisional Application
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