Strategy to delay publishing patent application
in response to
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posted on
Mar 18, 2011 09:12AM
The word " PUBLISH " often brings fear into the hearts of patent attorneys , and rightfully so.
Patents are a prerequisite to protecting some of the most valuable aspect of that intellectual capital
and are thus a key to competitive survival.
Ill - considered and untimely publications can be patent poison.Yet , like any poison , publication
can be used as a weapon.In attempting to avoid damaging their own patent potential through poorly
timed publication , companies and academic institutions should take care not to overlook the defensive
use of publications. A successfully executed defensive publication strategy can ,without the need
for expensive patent prosecution , help secure freedom to operate by preventing others from patenting
in the technology space discussed in publication.
A tempting forum for defensive publishing is the standard company web site. The content
of the web sites is constantly changing , however and most do not include a method of verifying
the date and authenticity of the publication.