Definition

Defensive Publication

A deliberate strategy of publicly disclosing an invention without filing a patent, specifically to create prior art that prevents competitors from obtaining a patent on the same idea. The disclosing party waives any future patent rights but ensures no one else can obtain them either — the invention effectively enters the public domain immediately. Used when a company wants to operate freely in a technical space without the cost, time commitment, or disclosure-and-expiry constraints of a patent. Ophir describes this as one of SenseIP's emerging capabilities: helping companies identify which portions of their IP to publish defensively rather than patent.

From the episode “How Do I Protect My Idea?”

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