What were Defensive Publications in the patent system?

Defensive Publications were a type of USPTO publication for provisionally abandoned patent applications. According to MPEP 901.06(d):

“Defensive Publications (the O.G. defensive publication and search copy) are U.S. Patent and Trademark Office publications of provisionally abandoned applications wherein the applicant retains their rights to an interference for a limited time period of 5 years from the earliest effective U.S. filing date.”

Defensive Publications allowed inventors to disclose their inventions publicly while retaining certain rights for a limited period. This system was replaced by Statutory Invention Registrations in 1985.

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Tags: Defensive Publications, Patent Interference, provisional abandonment