3/2/2010
by: Joseph Page
Topic Views: 782

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: #10
Sometimes the essence of an invention only comes out during the course of writing a patent application.  As the application is prepared, we often ask 'what if this element were [alternate]…?' which leads to alternate versions and even altogether new inventions.  It is not necessary to wait until an idea is firmly defined and rigorously developed prior to initiating a patent application – indeed, it is often better to being the patent application early.  In this way, the patent practitioner and engineering staff working together can produce excellent results both engineering and intellectual property. Patent Attorney, Patent law Initiating an Application
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