15

A publication doesn't have to be official to count as prior art against the novelty of a patent application. Defensive publication is not regulated by any particular formalism. You must take care that your description is as precise as possible. Simply describing a general idea in vague terms may not be considered prior art for a patent application that ...


9

I'll go ahead and address 1) whether you can use other media that describe your invention like a patent, and 2) whether you can use other media to invalidate someone else's patent. Note that the law has changed to first-to-file effective March 16, 2013. Most of the below is a pre-F2F answer. However it is still a good answer for applications filed ...


6

Regarding the first query, the patenting expenses in total (including professional fee) will be much higher than expenses involved in defensive disclosure. For example, IP.com charges about USD 225 for a 17 page disclosure. Opting for defensive disclosure will establish your invention as prior art thereby preventing others from patenting your invention. ...


6

The answer is YES. A published patent application will act as a defensive disclosure (prior art) to any future patent application(s). A patent application gets published after 18 months from the date of filing (or priority date, whichever is earlier), unless an early publication is requested. The patent application is published even if the patent is not ...


5

Three part answer: (1) Grace Period: The inventor's own pre-filing disclosure (or other disclosures stemming therefrom) will not invalidate the later-filed application so long as it is filed within the one-year deadline. This is true even when the disclosure is very public and without any claim-to-patent-rights made in the disclosure. One major caveat is ...


5

If you meet all the formal requirements the application will publish. I believe they have also eliminated the fee for requesting early publication so you don't need to wait 18 months.


5

There are two services that are specifically designed to help in this situation: Research Disclosures (www.researchdisclosure.com) and IP.com (http://ip.com/publish/). Both of these charge a publication fee, but they are definitely searched by patent examiners doing novelty searches.


4

The most famous one is http://ip.com/ I don't know if one has to pay for publishing there, but its main purpose is defensive publications, i.e. what you are looking for. Patent examiners include the ip.com database to their searches, I personally have seen many search reports citing ip.com articles. So it is guaranteed that your disclosure will be retrieved ...


3

Since a key benefit would be to allow an examiner to find the publication, it seems the publication would need to be in English. I have therefore focused on jurisdictions which publish in English. I have also of course omitted the costs of local agents. In order from most to least expensive: US A non-provisional patent application must include the filing, ...


3

Documenting an invention in a way that never sees the light of day does not create prior art. A provisional application (it is not any kind of a patent, just an application) is not "published" and, if not followed up by a non-provisional application, never does see the light of day. If you are interested in a defensive publication you would want something ...


2

Don't know of a centralized database. Yet another resource is IP.com. They have have a defensive publication service. You have to pay to publish there, but you'll have the benefit of a more trustworthy documentation system.


2

Defensivepublications.org has done some work in this direction, but there is no centralized database that I'm aware of.


2

You should also be aware of www.researchdisclosure.com they offer a defensive publication service which is commonly cited by patent examiners.


2

Mr. Brown, I spend a fair amount of time on the water and appreciate your contributions. To answer part of your question, the examiner cited your patent 4,172,680 as relevant art. This reference appears to have been discovered during the Examiner's search. It appears, however, that this application issued on a first office action allowance.


2

German utility model The fee for registering a German utility model is 40€ (30€ for the electronic version which needs a signature card though). Apparently a search fee is not necessary. The utility model is published ~ 4 weeks after registering and registration is done after paying the fee (max. 3 months of time) and an examination for formal requirements. ...


1

Statutory invention registrations (SIR) were used by applicants in past for publishing patent applications on which they no longer felt they could get patents. By publishing the patent applications, they helped ensure that the inventions were in the public domain and no one else could subsequently get a patent on them, as a SIR could be applied as prior art ...


1

"Defensive Publication In France. Study on usage of defensive publication strategy "; Felix Coxwell, Eva Gimello; Nov 12, 2012 http://www.researchdisclosure.com/pdf-download/Defensive-Publication-Study.pdf


1

This topic has come up here several times before. There are many helpful answers you can see by searching "defensive publication" on Ask Patents. Also, it is not expensive, but to publish on ip.com you still need to buy "vouchers" from them, I believe. Some others of the defensive publication sites specialize. For example, OIN (Open Invention Network) has ...


1

You could have provided your Australian patent number, or any other equivalent. In other effort, you may look at the US PAIR to check if your patent was considered in the prosecution of US 2011 00086189. Hope this helps.


1

One hopes that should Google actually obtain a patent in this area, it will be a minor "improvement" that should be easy to circumvent. I don't see how they can block you and others from practicing your technology as you have already implemented it. As for your original question of how to prevent such patents in the future, one approach would be to file for ...


1

You don't. Simple as that, until the patent is granted, nobody knows what the scope will be. And as long as it hasn't been published, it is not accessible for the public. As I understand it you may not use "patent pending" if you have no patent app., but it could be the worst patent app. ever seen and still say patent pending. For possible infringers this ...


1

If a description of an invention is published in an encrypted form, can it still count as prior art? No. Well, probably. I couldn't find any case law on this point exactly (which, perhaps, is not so surprising). However, I feel reasonably confident that the answer is no. However, the answer below includes a lot of “I think”s, and therefore should be taken ...


1

Patent applications are pending and not the same as issued patents. Applications can be rejected and are still considered pending until various deadlines for response to rejections have passed at which point an application becomes abandoned. However, an application that is abandoned may still be revived in some circumstances.


1

In simpler terms if patent is pending under evaluation by Patent Office then it is a potential granted patent. Now based on various analysis like prior art search, in-house evaluation, examiner view etc. an inventor or patent attorney can make out how much is grant eligible claim. If patent office label application as withdrawn, abandoned, rejected, ceased,...


1

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 ...


1

Absolutely, although less absolutely after some court cases in the last few years. In fact a patent does not give you the right to do anything.. It only provides the right to exclude others. You might invent an improved lawn mower but it might be seen as a variation of a already patented basic lawn mower. Or you might invent a super sonic jet but ...


1

Sounds wonderful in principle but I guess what you realy want to do is see your idea being utilised and creating a free for all may not be the best way to achieve your objective. Some inventions require extensive development and tooling etc. for manufacture yet have a limited market which you will fragment with your approach, possibly making it unviable ...


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