Experimenting defensive publication
By Sylvain Duloutre on Dec 03, 2009
A defensive publication is an intellectual property strategy used to prevent another party from obtaining a patent on an idea. It consists of disclosing a detailed description of the method so that it enters the public domain and becomes public domain. Therefore, the defensive publication of perhaps otherwise patentable information may work to defeat the novelty of a subsequent patent application.
One reason why companies decide to use defensive publication over patents is cost as filling a patent may cost $5000 to $10000. The cost of defensive publication can be zero, like a conference paper. For example, the service http://www.researchdisclosure.com can be used to public defensive publications.
A document I wrote with one of my colleague about LDAP traffic throttling in Sun Directory Proxy Server has just been published (disclosure ID : 548027) and is available for free for some times (then registration will be required to access the database) at http://www.rdjournal.co.uk/rd/free/RD548027.pdf
I filled a few patents in the past (see my record at http://www.patentbuddy.com/inventor.jsf?id=1108150) but that's the first time I use defensive publication.