A defensive publication, or defensive disclosure, is an intellectual property strategy used to prevent another party from obtaining a patent on a product, apparatus or method for instance.
The strategy consists in disclosing an enabling description and/or drawing of the product, apparatus or method so that it enters the public domain and becomes prior art.
[2] Unintentional defensive publication by incidental disclosure can render intellectual property as prior art.
[3] One reason why companies decide to use defensive publication over patents is cost.
minimum plus $300 for early publication), and meet the filing requirements for a proper patent application.