What was the Defensive Publication Program and when was it available?

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.

The Defensive Publication Program was a historical option for inventors to disclose their inventions without pursuing a full patent. Key points about the program include:

• It was available from April 1968 to May 8, 1985.
• Applicants could waive their rights to an enforceable patent.
• The application was laid open for public inspection.
• The applicant retained rights to an interference for 5 years from the earliest effective U.S. filing date.
• A Defensive Publication Abstract and selected figure were published in the Official Gazette.

As stated in the MPEP: The Defensive Publication Program, which provided for the publication of the abstract of the technical disclosure of a pending application if the applicant waived his or her rights to an enforceable patent, was available between April 1968 and May 8, 1985.