Defensive Publication in short means information is published as such without any peer review or editing by editorial board. So therefore information or data will be as intended by author.
In general people goes for defensive publication because of following reasons:-
- Data, figures, details, observations, interpretations etc will not get altered by second person or publisher.
- Publication will be available but in protected mode i.e. paid and sometimes information of viewer will be shared by author (doubtful but possible).
- Cost less than file and procecute patent application. dont create junk or paper IPR.
- After filing of patent, defensive publication can be made to protect onself so that no one else will get patent on same information. (overlapping other country applications).
- In case of minor improvements inventive step cannot be satisfied and its doubtful that patent will get a grant, therefore in such scenario people goes for these publication to make information as prior art.
I have seen people opt for above option 4. therefore a person has to keep in mind that overlapping active patent can be present.
Now as per query:-
No defensive publication doesnot always mean disclosure is of public use without any infringement.