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 Soon or later unpublished innovations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 Aug...
Recognise publication
opportunities
1. Patent expenditure >
Specialiststaffcosts
Drafting Negotiating Enforcement
Monopoly...
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 p...
– Difficult to patent
– Difficult to enforce
– The product already protected
– Innovation useful
to suppliers or customers...
– Difficult to patent
– Difficult to enforce
– The product already protected
– Innovation useful
to suppliers or customers...
– Difficult to patent
– Difficult to enforce
– The product already protected
– Innovation useful
to suppliers or customers...
– Difficult to patent
– Difficult to enforce
– The product already protected
– Innovation useful
to suppliers or customers...
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
autho...
Research Disclosure
Provides a defensive publication service which is
1. Fast
2. Independent
3. Searched by examiners
4. R...
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
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Defensive publication advanced strategies

  1. 1. Defensive Publication Advanced strategy
  2. 2. “Purposeful publication of an invention creating prior art to block future patents”
  3. 3. Blocking future patents DEFENSIVE PUBLICATION
  4. 4. Why publish ? 1. Innovation has value New products can = new revenue New processes can = reduced costs
  5. 5. Why publish ? 1. Innovation has value 2. Soon or later unpublished innovations are patented by others
  6. 6. The patent solution PATENT APPLICATION PATENT PUBLICATION PATENT
  7. 7. PATENT PUBLICATION The patent solution PATENT APPLICATION PATENT • Powerful • Slow • Expensive
  8. 8. Defensive Publication solution DEFENSIVE PUBLICATION • Immediate • Cheap • Anonymous • No exclusivity
  9. 9. PatentsSecrets Defensive Publications A mixed solution
  10. 10. 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
  11. 11. Recognise publication opportunities 1. Patent expenditure > Specialiststaffcosts Drafting Negotiating Enforcement Monopoly Licensing % Chance of grant Expected benefits
  12. 12. Recognise publication opportunities 1. Patent expenditure > Expect benefits 2. Team/budget capacity
  13. 13. 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
  14. 14. – Difficult to patent – Difficult to enforce – The product already protected – Innovation useful to suppliers or customers – 2nd best solution e.g. Manufacturing processes
  15. 15. – 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.
  16. 16. – Difficult to patent – Difficult to enforce – The product already protected – Innovation useful to suppliers or customers – 2nd best solution
  17. 17. – Difficult to patent – Difficult to enforce – The product already protected – Innovation useful to suppliers or customers – 2nd best solution
  18. 18. Killing patents in practise 1. Manual 2. Automatic
  19. 19. Manual kill Patent invalidity action
  20. 20. Parties involved in patent litigation where Research Disclosure records were cited (2011-May2013)
  21. 21. Automatic Kill Examiner rejection
  22. 22. Assignees who had Research Disclosure records cited against their applications (2012)
  23. 23. Source Patent application support Existing publically available information Invention disclosure review
  24. 24. PATENT APPLICATION PATENT PUBLICATION
  25. 25. 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
  26. 26. Research Disclosure Provides a defensive publication service which is 1. Fast 2. Independent 3. Searched by examiners 4. Reliable in court
  27. 27. www.researchdisclosure.com/publishing-disclosures/publish-your-disclosure
  28. 28. Felix Coxwell Product Manager Questel +33 645 188 187 fcoxwell@questel.com www.researchdisclosure.com Research Disclosure

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