What are defensive publications in patent examination?
Defensive publications, as mentioned in MPEP 901.06(d), are documents published to establish prior art without pursuing patent protection. The MPEP states:
“Defensive Publications, which are patent applications voluntarily published without examination, are included in the search files.”
These publications serve as a defensive strategy to prevent others from patenting similar inventions. They are considered prior art and are included in patent examiners’ search files for reference during the examination process.
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