Defensive publication advanced strategies
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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
- 2. Purposeful publication of an invention creating prior art to block future patents
- 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 Soon or later unpublished innovations are patented by others
- 7. PATENT PUBLICATION The patent solution PATENT APPLICATION PATENT Powerful Slow Expensive
- 8. Defensive Publication solution DEFENSIVE PUBLICATION Immediate Cheap Anonymous No exclusivity
- 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. Recognise publication opportunities 1. Patent expenditure > Specialiststaffcosts Drafting Negotiating Enforcement Monopoly Licensing % Chance of grant Expected benefits
- 12. Recognise publication opportunities 1. Patent expenditure > Expect benefits 2. Team/budget capacity
- 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. Difficult to patent Difficult to enforce The product already protected Innovation useful to suppliers or customers 2nd best solution e.g. Manufacturing processes
- 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. Difficult to patent Difficult to enforce The product already protected Innovation useful to suppliers or customers 2nd best solution
- 17. Difficult to patent Difficult to enforce The product already protected Innovation useful to suppliers or customers 2nd best solution
- 18. Killing patents in practise 1. Manual 2. Automatic
- 19. Manual kill Patent invalidity action
- 20. Parties involved in patent litigation where Research Disclosure records were cited (2011-May2013)
- 22. Assignees who had Research Disclosure records cited against their applications (2012)
- 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. Research Disclosure Provides a defensive publication service which is 1. Fast 2. Independent 3. Searched by examiners 4. Reliable in court
- 28. Felix Coxwell Product Manager Questel +33 645 188 187 fcoxwell@questel.com www.researchdisclosure.com Research Disclosure