Prior Art Publishing

The use of defensive publications is an economic and strategic instrument in the domain of intellectual property, and therein an altrenative to the highly expensive acquisition of patents. Mainly for financial reasons, innovative enterprises cannot generally apply for patents on all inventions arising in the enterprise. A future-oriented strategy for securing the freedom to operate is the systematic publication of certain technical content - in addition to the registration of strategically important patent rights. The result of defensive publishing is the creation of prior art/ state of the art and with that the prevention of third parties filing for a patent on that inventive technical content. A third party gaining a patent right could forbid others (you) from using the technique described.

Facts

Team:
Jakob Marquard
Hauke Schmidt-Martens

Information: Purposeful publishing of technical content for creating patent/utility model relevant to prior art is known as "Defensive Publication" or "Defensive Disclosure". The background relating to this is the legal clause, according to which a patent right can be given only on inventions, which are deemed to be new.

URL: www.priorartpublishing.de