Publish Your Invention into the Public Domain and Secure Prior Art Recognition
Companies that publish with us know that their disclosures are reliably found by patent authorities, patent offices, and examiners, ensuring that their innovations remain unpatentable by others.
What is a Defensive Disclosure?
A defensive disclosure is a method to establish prior art by publishing details of an invention into the public domain to prevent others from obtaining a patent on the same innovation.
Studies reveal that up to two-thirds of patenting organizations actively use defensive disclosures within their IP strategy. The most effective way to make an invention public is through structured disclosure in a recognized industry repository.
Key Characteristics
Ensures prior art recognition by patent examiners
Blocks competitors from obtaining overlapping patents
Acts as a cost-effective alternative to patenting
Why Publish a Defensive Disclosure?
Organizations choose defensive publications as a strategic IP tool when patenting is either undesirable or impractical.
Defensive disclosures offer:
Blocking Patents Before Grant
Patent examiners actively search prior art databases during examination. A properly indexed defensive disclosure:
- Ensures the examiner identifies and cites the disclosure.
- Prevents an overlapping patent from being granted in the first place.
Strengthening Legal Defenses in Opposition & Litigation
While prevention is ideal, defensive disclosures also serve in:
- Patent oppositions – Challenging a granted patent's validity.
- Litigation & invalidity proceedings – Establishing prior art to defeat infringement claims.
Cost-Effective IP Strategy
Patents can be expensive to obtain and maintain.
- Defensive disclosures achieve similar protective effects at a fraction of the cost.
Why Should Organizations Use Defensive Publications?
Organizations face multiple options for protecting innovations:
Patents
Provide exclusivity but require significant investment.
Trade Secrets
Keep innovations confidential but lack protection if disclosed or reverse-engineered.
Defensive Publications
Provide cost-effective prior art protection while maintaining open access.
Patent vs. Defensive Publication: A Strategic Trade-Off
Business Considerations
Is patenting desirable for revenue, licensing, or exclusivity?
Legal Considerations
Is patenting possible based on novelty and eligibility?
When patenting is not an option, a defensive disclosure ensures the invention remains unpatentable by others while saving costs and protecting market access.
What Makes a Defensive Disclosure Legally Strong?
The value of a defensive disclosure depends on:
Reliability in Court
- A disclosure must be legally recognized as prior art in case of invalidation proceedings.
- Proper indexing and timestamping ensure legal defensibility.
Accessibility to Patent Examiners
- Patent authorities only consider prior art they can find.
- IntellectualFrontiers.com ensures discoverability via structured indexing.
Anonymous Publication Option
- Some companies prefer non-attributable defensive disclosures to protect strategic positioning.
- We provide confidential submission options.
Why IntellectualFrontiers.com?
Indexed for Patent Examiner Discoverability
- Structured metadata ensures visibility in patent searches.
- Optimized for citation in relevant prior art databases.
Legally Defensible Timestamping
- Immutable, verifiable publication dates prevent legal challenges.
- Ensures establishment of prior art at a fixed date.
Trusted by IP Professionals Worldwide
- Used by corporate IP teams, patent brokers, and law firms.
- Provides industry-standard defensive disclosure structuring.
Submission Process: Ensuring a Legally Recognized Disclosure
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Submit a Structured Disclosure
- Structured metadata ensures visibility in patent searches.
- Optimized for citation in relevant prior art databases.
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Immutable Timestamping & Indexing
- Your disclosure receives a permanent, uneditable publication date.
- Indexed for maximum visibility to patent examiners.
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Prior Art Citation & Visibility
- Maximized likelihood of citation in patent rejections.
- Industry-wide access for IP strategists and litigation use.
Ensure Your Innovations Remain in the Public Domain with a Discoverable and Legally Defensible Disclosure
For tailored IP strategies, contact support@intellectualfrontiers.com
Browse Published Defensive Disclosures
Automatically Determining Missing Product Attributes Using a Large Language Model Automatical
To surface products that are relevant to customers, search engines require online merchants to fill in certain attributes relating to their products. However, merchants often do not fill in the requested attributes, which can lead to search results not surfacing the most appropriate products and merchants.
Web Security Scanner with Accelerate Detection and Verification of Vulnerabilities
The web security scanner is a software tool that automatically examines web applications for security vulnerabilities through systematic crawling and testing phases.
Preventing Dust Ingression into a Foldable Mobile Device
This publication describes techniques and apparatuses directed to the prevention of dust ingression into a foldable mobile device (e.g., at a hinge module).
Eye Tracking Driven Dynamic Glanceable Passthrough Window for Extended Reality
Virtual reality (VR) and extended reality (XR) devices offer an immersive experience to users. However, such an immersive experience can create a disconnect from the real world for users.