What are “Defensive Publications” in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 3 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. What are “Defensive Publications” in patent law? Defensive Publications are technical disclosures published to prevent others from patenting the disclosed invention. The Manual of Patent Examining Procedure (MPEP) 901.06(d) states: “Defensive Publications (the O.G. Defensive Publication and Statutory Invention Registration (SIR)) are technical disclosures of subject matter that can be used as prior art as of their filing date in the Office.” These publications serve as a defensive strategy to maintain freedom to operate without seeking patent protection. They become part of the prior art and can be used to prevent others from obtaining patents on the same or similar inventions. Related Rules from the Manual of Patent Examining Procedure 3 rules Collapse Requirement for Examiner's Action Under 1.104(a)(1) MPEP 901 Subject Matter of Original Claims Must Be Constructively Elected MPEP 1440 Prohibited Same Prior Art for Reissue as Original MPEP 1440 Permitted Other Related FAQs 5 FAQs Collapse Can an abandoned application be used as prior art? What are the exceptions to the 18-month publication rule for patent applications? What is the significance of abandoned applications in patent examination? How should foreign patents and foreign published applications be cited? What information should be included when citing U.S. patent documents?