Defensive Publication
Advanced strategy

“Purposeful publication of an invention
creating prior art to block future patents”

Blocking future patents
DEFENSIVE
PUBLICATION

Why publish ?
1. Innovation has value
New products can = new revenue
New processes can = reduced costs

Why publish ?
1. Innovation has value
2. Soon or later unpublished innovations
are patented by others

The patent solution
PATENT
APPLICATION
PATENT
PUBLICATION
PATENT

PATENT
PUBLICATION
The patent solution
PATENT
APPLICATION
PATENT
• Powerful
• Slow
• Expensive

Defensive Publication solution
DEFENSIVE
PUBLICATION
• Immediate
• Cheap
• Anonymous
• No exclusivity

PatentsSecrets
Defensive
Publications
A mixed solution

Early introduction of the amino group to the C27 –
C35 building block of Eribulin
Disclosed by Alena Rudolph et al. 21 August 2013
Oil Pump Cavitation and Noise Reduction Feature
Published anonymously 27 August 2013
*Extracts only, click here see what has been published today
www.researchdisclosure.com
/searching-disclosures/recent-disclosures
Virtual Keyboard Reduced Footprint
Publish anonymously 5 September 2013

Recognise publication
opportunities
1. Patent expenditure >
Specialiststaffcosts
Drafting Negotiating Enforcement
Monopoly Licensing
% Chance of grant
Expected benefits

Recognise publication
opportunities
1. Patent expenditure > Expect benefits
2. Team/budget capacity

e.g.
Close prior art,
Business methods,
Processes
etc
– Difficult to patent
– Difficult to enforce
– The product already protected
– Innovation useful
to suppliers or customers
– 2nd best solution

– Difficult to patent
– Difficult to enforce
– The product already protected
– Innovation useful
to suppliers or customers
– 2nd best solution
e.g.
Manufacturing
processes

– Difficult to patent
– Difficult to enforce
– The product already protected
– Innovation useful
to suppliers or customers
– 2nd best solution
e.g.
Existing core patents
Unique manufacturing
ability
etc.

– Difficult to patent
– Difficult to enforce
– The product already protected
– Innovation useful
to suppliers or customers
– 2nd best solution

– Difficult to patent
– Difficult to enforce
– The product already protected
– Innovation useful
to suppliers or customers
– 2nd best solution

Killing patents in practise
1. Manual
2. Automatic

Manual kill
Patent invalidity action

Parties involved in patent litigation where Research Disclosure records were cited (2011-May2013)

Automatic Kill
Examiner rejection

Assignees who had Research Disclosure records cited against their applications (2012)

Source
Patent
application
support
Existing publically
available
information
Invention disclosure
review

PATENT
APPLICATION
PATENT
PUBLICATION

Defensive Publication creates prior art
immediately which can be cited against
subsequent patent applications at any
authority on the basis of obviousness as
well as novelty

Research Disclosure
Provides a defensive publication service which is
1. Fast
2. Independent
3. Searched by examiners
4. Reliable in court

www.researchdisclosure.com/publishing-disclosures/publish-your-disclosure

Felix Coxwell
Product Manager
Questel
+33 645 188 187
fcoxwell@questel.com
www.researchdisclosure.com
Research Disclosure