What was the Defensive Publication Program and when was it available?
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.
To learn more: