Questions tagged [defensive-publications]

Publications used to put teachings into the public domain to prevent future patents in that subject matter.

Filter by
Sorted by
Tagged with
1 vote
1 answer

Is it a good idea to publicly release an idea after filling PCT application but before ISR is published?

Is it a good idea to put an idea included in a PCT application in the public domain so that it becames prior art? Is it a good idea to do so before the International search report is done? And after ...
Raul Alvarez's user avatar
1 vote
1 answer

How do others' publications during the grace period hinder patentability?

KU Center for Technology Commercialization writes: Note: the time window between an inventor’s public disclosure and patent application filing date allows others to publish similar work or work ...
MWB's user avatar
  • 264
3 votes
2 answers

Github for Patents?

Does anyone know of something like a github for patents? somewhere where you can publish a granted or provisional patent and designate it as open source, enabling others to fork it or use it in their ...
Andre Brown's user avatar
3 votes
2 answers

Minimum requirement for a patent application to be published

I was wondering, if I applied for a patent (non prov. app) by submitting the description, abstract, claims, drawings and other documents if necessary but did not pay any fee, how would that be treated?...
user avatar
6 votes
5 answers

Best places to record ideas as prior art to avoid later patents (UK/US)

any advice on the best places/web sites of record to list ideas which you want to be on record as prior art so others can't patent them (UK/US/Europe) ? I have some ideas, which I don't want to ...
JimD  UK's user avatar
  • 63
6 votes
1 answer

How to defend your work from patent vultures?

Many of us put our ideas in github or articles, hoping they will be just used. However, as I have currently a tough lesson, if your idea turns out successful, you can count on patent vultures trying ...
Jarek Duda's user avatar
0 votes
1 answer

How does one validate that a patent has been filed prior to publication by USPTO?

35 U.S.C. 122 Confidential status of applications; publication of patent applications. (b) PUBLICATION.— (1) IN GENERAL.— (A) Subject to paragraph (2), each application for a patent ...
DukeZhou's user avatar
  • 761
1 vote
1 answer

Can an encrypted publication be prior art?

If a description of an invention is published in an encrypted form, can it still count as prior art? (If the encryption key is later released).
ᴇʟᴇvᴀтᴇ's user avatar
2 votes
2 answers

Are "Patent application" valid patents?

Please confirm if I do read this correctly. You can fill a patent for a product design and get this granted or not. When the patent is granted you can find that back on with the notification ...
Ruben Neijenhuijs's user avatar
4 votes
1 answer

Defensive publication and public domain

Are folks who publish design details, implementing an idea, putting that idea's implementation into the public domain? Put another way... have these publishers, whether they wanted to or not: ...
JSH's user avatar
  • 429
6 votes
4 answers

Patent application as defensive disclosure

Is filing a patent effective as defensive disclosure if the the patent is not granted? Any application is published after 18 months (except publication delay request) or if the patent doesn't pass a ...
user avatar
4 votes
1 answer

Is a Provisional Patent As Prior Art Sufficient Defense?

If you file a provisional patent purely to try and protect yourself, wouldn't that document the "invention" sufficient as such to be considered prior art? And if prior art is a valid defense, is it ...
Jmactacular's user avatar
2 votes
3 answers

Is is allowed to patent an idea and not put it in actual practice?

So, I have an idea and I wish to patent but as of today I can't put it to any actual use. Is it possible to patent in that way for the sole purpose of preventing someone else from patenting it?
kBisla's user avatar
  • 121
9 votes
5 answers

avoid the possibility of a future patent

Here's a hypothetical scenario: I have a new idea, say a new engine of some sort. I don't want to patent it because I don't want to ever profit from it and I would like to use a license in the spirit ...
funkaster's user avatar
3 votes
2 answers

Patent us20110086189

This patent seems to describe or use elements of an Invention I patented in Australia, USA UK etc in the late 1970s and has subsequently been used and or published in uniaxial, triaxial sesquiaxial ...
chris brown's user avatar
11 votes
2 answers

Can someone patent someone else's invention?

In the history, invention conflicts were on who has patented an invention sooner. This is the subject of stealing an invention. Consider one has published an invention in any kind of media, can this ...
Googlebot's user avatar
  • 263
4 votes
1 answer

Can I file a patent after publishing as part of collaborative public content?

I have been considering a wikipedia style system for code (software), and am trying to figure out what the patent implications are. Aside from the risk of accidentally violating someone else's patent (...
Abacus's user avatar
  • 143
8 votes
3 answers

Is there a central anti-patent database for openly developed and abandoned inventions?

Sites like HalfBakery and this shared Google Doc act as open repositories for potentially patentable inventions. In effect, these sites act as anti-patent databases because the inventions are never ...
syedkarim's user avatar
18 votes
2 answers

How to make an invention un-patentable easily?

It appears that the USPTO no longer does defensive publications, but instead you're supposed to abandon a patent application. But that will still incur filing fees, etc. I figure an obscure blog ...
retracile's user avatar
  • 287