Protect your freedom to operate.

Defensive publishing is an essential part of a successful IP program. Our Prior Art Database is the place to start.

Publishing in the IP.com Prior Art Database (PAD) dramatically increases the odds that your prior art will be found and cited by patent examiners. As a result, this strategy reduces your patent prosecution costs, mitigates your freedom-to-operate risk, and improves your litigation risk profile. To remain strategically strong and globally competitive, your best defense is to proactively publish.

What is defensive publication?

Defensive publication is the strategy of proactively positioning your innovation in the public domain in order to block competitive patents from issuing. Our Prior Art Database is the world’s strongest, most comprehensive, and most sophisticated means of defensive publication. Under the Leahy-Smith America Invents Act (AIA), and with the help of the PAD, your defensive publication can immediately become verifiable prior art. Then, it instantly blocks similar inventions from becoming granted patents.

What is offensive publication?

Offensive publication is the strategy of releasing a disclosure of a technology enablement. You are, in essence, publishing enabling embodiments of technologies that you know will be emerging in your industry, instead of racing your competition to the patent office to engage in the costly process of beating the 103 barrier (with an uncertain outcome). Combining competitive patent landscaping with a solid publication strategy saves you money and reduces your freedom-to-operate risk.

What kind of documents can become defensive publications?

Any document that contains an enabling description of an invention or technology can be used as a defensive or offensive publication, for example:

  • Abandoned Invention Disclosures
  • Abandoned Technical Disclosures
  • Technical Papers
  • Whitepapers
  • Product Manuals
  • Conference Papers

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