What are “Defensive Publications” in patent law?

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.

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Tags: Defensive Publications, patent strategy, prior art