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Defensive publication advanced strategies
This document discusses defensive publication as an advanced strategy to block future patents by purposefully publishing an invention to create prior art. Defensive publication provides an immediate, cheap, and anonymous alternative to the patent solution, which is powerful but slow and expensive. Research Disclosure is highlighted as providing a reliable defensive publication service that is fast, independent, searched by examiners, and stands up in court. Their service allows recognizing publication opportunities where patenting may be difficult or the expected benefits are lower than patent expenses.
Defensive publication advanced strategies
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- 2. “Purposeful publication ofan invention creating prior art to block future patents”
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- 4. Why publish ? 1.Innovation has value New products can = new revenue New processes can = reduced costs
- 5. Why publish ? 1.Innovation has value 2. Soon or later unpublished innovations are patented by others
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- 7. PATENT PUBLICATION The patent solution PATENT APPLICATION PATENT •Powerful • Slow • Expensive
- 8. Defensive Publication solution DEFENSIVE PUBLICATION •Immediate • Cheap • Anonymous • No exclusivity
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- 10. Early introduction ofthe 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. Recognise publication opportunities 1. Patentexpenditure > Specialiststaffcosts Drafting Negotiating Enforcement Monopoly Licensing % Chance of grant Expected benefits
- 12. Recognise publication opportunities 1. Patentexpenditure > Expect benefits 2. Team/budget capacity
- 13. e.g. Close prior art, Businessmethods, Processes etc – Difficult to patent – Difficult to enforce – The product already protected – Innovation useful to suppliers or customers – 2nd best solution
- 14. – Difficult topatent – Difficult to enforce – The product already protected – Innovation useful to suppliers or customers – 2nd best solution e.g. Manufacturing processes
- 15. – Difficult topatent – 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. – Difficult topatent – Difficult to enforce – The product already protected – Innovation useful to suppliers or customers – 2nd best solution
- 17. – Difficult topatent – Difficult to enforce – The product already protected – Innovation useful to suppliers or customers – 2nd best solution
- 18. Killing patents inpractise 1. Manual 2. Automatic
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- 20. Parties involved inpatent litigation where Research Disclosure records were cited (2011-May2013)
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- 22. Assignees who hadResearch Disclosure records cited against their applications (2012)
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- 25. Defensive Publication createsprior art immediately which can be cited against subsequent patent applications at any authority on the basis of obviousness as well as novelty
- 26. Research Disclosure Provides adefensive publication service which is 1. Fast 2. Independent 3. Searched by examiners 4. Reliable in court
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- 28. Felix Coxwell Product Manager Questel +33645 188 187 fcoxwell@questel.com www.researchdisclosure.com Research Disclosure