A United States Defensive Publication is a published
patent application
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claims stated in a formal document, including necessary official forms and re ...
for which the
inventor has elected not to get patent coverage. Defensive Publications were made between April 1968 and May 8, 1985. The program, called Defensive Publication Program, was replaced by the
statutory invention registration program, which itself was discontinued after the
Leahy-Smith America Invents Act (AIA) entered into force in 2013.
[Manual of Patent Examining Procedure, Section 711.06 Abstracts, Abbreviatures, and Defensive Publications](_blank)
/ref>
US Defensive Publications can be searched in the United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alex ...
's (USPTO) patent search web page.USPTO Patent Full-Text and Image Data Base
/ref> They are designated by a "T" in the publication number, the letter "T" referring to "Technical disclosure".prior art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria ...
against patent applications, but only as of their publication dates.[MPEP § 2136](_blank)
/ref> This is in contrast to statutory invention registrations, which are prior art as of their filing dates in the same manner as U.S. patents.interference proceeding
An interference proceeding, also known as a priority contest, is an inter partes proceeding to determine the priority issues of multiple patent applications. It is a proceeding unique to the patent law of the United States. Unlike in most other cou ...
for five years from its earliest effective U.S. filing date.
See also
* Defensive publication
*Patent caveat
A patent caveat, often shortened to caveat, was a legal document filed with the United States Patent Office. History
Caveats were instituted by the U.S. Patent Act of 1836, but were discontinued in 1909, with the U.S. Congress abolishing the sys ...
* United States Statutory Invention Registration
References
Defensive Publication, United States
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