Defensive publications, which are endorsed by the USPTO as an IP rights management tool, are documents that provide descriptions and artwork of a product, device or method so that it enters the public domain and becomes prior art. This powerful preemptive disclosure prevents other parties from obtaining a patent on the product, device or method. It enables the original inventor to ensure that they have access to their invention by preventing others from later making patent claims on it. It also means that they do not have to shoulder the cost of patent applications.
OIN encourages the creation and publishing of defensive publications. Defensive publication drafts that are relevant to Linux and adjacent technologies can be reviewed and edited at no charge by OIN’s attorneys; however, the cost of publishing the disclosure will be borne by the inventor. It is our hope that over time the open source community will work together to fund and create defensive publications.