WHAT IS A DEFENSIVE PUBLICATION?
Defensive publications, which are endorsed by the USPTO as an IP rights management tool, are documents that provide descriptions and artwork of a product, device or method so that it enters the public domain and becomes prior art. This powerful preemptive disclosure prevents other parties from obtaining a patent on the product, device or method. It enables the original inventor to ensure that they have access to their invention by preventing others from later making patent claims on it. It also means that they do not have to shoulder the cost of patent applications.
The Defensive Publications program, a component of Linux Defenders, enables non-attorneys to use a set of Web-based forms to generate defensive publications. It relies on substantial participation from the open source community as it relates to disclosures. Defensive publication drafts will be reviewed and edited as needed and at no charge by OIN's attorneys. The completed defensive publication will be added by OIN to the IP.com Prior Art Database, which is in turn used by IP attorneys and the patent and trademark office to search for prior art when examining patent applications.
SUBMIT DEFENSIVE PUBLICATIONS
In the event you have an invention that you would like to have prepared as a defensive publication, please submit your invention here. Upon registration, you will be provided support in structuring your invention so it can be effective as prior art and placed in the public domain. Our interest is in ensuring that the Linux community has an outlet to invent that limits poor quality patents and ensures freedom of action/freedom to operate across the entire ecosystem.
To submit a defensive publication, please register and/or login to the system.
WHAT WE ARE TRYING TO DO
We are attempting to mobilize the creativity and innovative capacities of the Linux and broader open source community to codify the universe of preexisting inventions in defensive publications that upon publication in the IP.com Prior Art Database will immediately serve as effective prior art that prevents anyone from having a patent issued that claims inventions that have already been documented in a defensive publication. In addition to creating a vehicle to utilize this highly effective form of IP rights management for known inventions, it is hoped that the community will use defensive publications as a means of codifying future inventions should the inventors prefer not to make their invention the subject of a patent disclosure and application.