A United States Defensive Publication is a published patent application for which the

inventor An invention is a unique or novel device, method, composition, idea or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an ...

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 In former United States patent law, a statutory invention registration (SIR) was a publication of an invention by the United States Patent and Trademark Office (USPTO). The publication was made at the request of the applicant (i.e. inventor(s) or ...

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
/ref> US Defensive Publications can be searched in the United States Patent and Trademark Office'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". Defensive publications may be cited as prior art against patent applications, but only as of their publication dates.MPEP § 2136
/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. However, a defensive publication may be the subject of an interference proceeding for five years from its earliest effective U.S. filing date.

References

Defensive Publication, United States {{US-law-stub

See also

References