What is the difference between a Defensive Publication and a patent application publication?

A Defensive Publication is distinct from a patent application publication in several ways:

• It is not a patent or an application publication under 35 U.S.C. 122(b).
• It is considered a publication for prior art purposes.
• It becomes prior art only as of its publication date.
• The applicant waives rights to an enforceable patent when opting for a Defensive Publication.

The MPEP explicitly states: A defensive publication is not a patent or an application publication under 35 U.S.C. 122(b); it is a publication. Therefore, it is prior art only as of its publication date.

To learn more:

• Defensive Publications
• Patent Application Publication
• Prior Art
• 35 U.S.C. 122(b)
• Patent Examination

To learn more:

• 35 U.S.C. 122(b)