Defensive publication

From Wikipedia, the free encyclopedia

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. Therefore, the defensive publication of perhaps otherwise patentable information may work to defeat the novelty of a subsequent patent application.

This strategy is often employed during a "patent race" in which two firms are researching the same invention and one party believes it will not or cannot "win".^{[citation needed]}