defensive publication advanced strategies
DESCRIPTION
TRANSCRIPT
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 Soon or later unpublished innovations are patented by others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
GRANTED
PATENT
PUBLICATION
The patent solution
PATENT
APPLICATION
PATENT
GRANTED
• 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 EribulinDisclosed by Alena Rudolph et al. 21 August 2013
Oil Pump Cavitation and Noise Reduction FeaturePublished anonymously 27 August 2013
*Extracts only, click here see what has been published todaywww.researchdisclosure.com/searching-disclosures/recent-disclosures
Virtual Keyboard Reduced FootprintPublish anonymously 5 September 2013
Recognise publication opportunities
1. Patent expenditure >
Spec
ialis
t sta
ff co
sts
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 patentsUnique manufacturing abilityetc.
– 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
