Defensive publication

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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.

One of the major reasons why companies decide to use defensive publication over patent is cost. The cost of filing a patent application in the United States is at least a couple of thousands US dollars. The cost of defensive publication can be zero, like a conference paper.

"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." ^[1]