About the service
Patents are a valuable asset but often come with substantial costs. From the moment an applicant contemplates a patent to the end of its life-cycle, expenses accumulate. For instance, maintenance fees for US patents tend to rise toward the patent's expiry. Even before grant, there are filing fees and various attorney costs, including responding to office actions during patent prosecution.
However, not every invention justifies the significant investment required for patent protection. Corporations must carefully consider how they allocate their intellectual property (IP) expenditure. To optimize resources, many have adopted a strategic approach, focusing on protecting innovations that align with their business objectives and offer a promising return on investment.
Yet, abandoning an innovation without any form of protection carries risks. In a world where most patent systems favor the 'First-to-File' principle, another entity could seize the same idea and file a patent, potentially preventing the company that originated the idea from using it in their products.
To address this challenge, many corporations choose to publish a detailed description of their innovation, known as a defensive disclosure. This publication serves as a defensive measure to ensure that no one else can obtain a patent for the same idea. It grants the company the freedom to utilize the innovation at a later stage if necessary. However, it's crucial that a defensive publication is properly drafted, including all potential embodiments of the invention. Otherwise, there is a risk that another applicant could secure a patent for a narrower version of the innovation.
At Effectual Services, we understand the complexities of IP strategy and the importance of defensive publications. Our team of seasoned drafters has extensive experience in crafting hundreds of defensive publication documents for various corporations. These documents are typically published on reputable databases like IP.com™, or filed as Statutory Invention Registrations (SIRs) with the USPTO (pre-AIA stage).
Our team comprises individuals with diverse technical backgrounds, including Computer Science and Information Technology, Electronics and Communications, Electrical, Mechanical, Chemical, Biotechnology, Pharmaceuticals, and Life Sciences. Many of our team members hold Law degrees in addition to their technical expertise, making them uniquely qualified to provide Intellectual Property-related services.
Whether you need to strategically protect your valuable innovations through patents or safeguard your freedom to operate with defensive publications, Effectual Services offers a comprehensive suite of services tailored to your business objectives. Partner with us to optimize your IP strategy and secure your innovations for the future.
The methodology of defensive publication broadly aims to strategically manage Intellectual Property (IP) expenditure for corporations by providing a cost-effective solution through defensive publication while safeguarding innovation.
Scope of the Project
The defensive publication focuses on assessing the business viability of inventions, deciding whether to protect or disclose them, and, if necessary, drafting comprehensive defensive publication documents.
The Defensive publication is conducted in eight phases, following a structured approach
Methodology The project is executed in 8 phases. Effectual Services proposes the following methodology to be adopted for the project
We begin by evaluating the invention's alignment with corporate objectives and its potential for providing a Return on Investment (ROI).
We determine if the invention aligns with the company's business goals and is worth the cost of patent protection.
Defensive Publication Strategy
If the decision is not to pursue patent protection, we devise a strategy for defensive publication.
We collaborate closely with inventors and technical experts to gain a comprehensive understanding of the invention and its possible embodiments.
Defensive Publication Drafting
We draft a detailed, well-structured document describing the invention, emphasizing clarity, completeness, and accuracy.
We ensure that the defensive publication includes all possible variations and applications of the invention to prevent narrower patent filings by others.
We implement stringent quality control processes and multi-level reviews to guarantee the document's accuracy.
We submit the defensive publication document to relevant databases ensuring accessibility to the public.
Deliverable Format The completed defensive publication document is provided in a digital format, ready for submission to chosen databases. It includes a comprehensive written description of the invention, covering all potential embodiments, to effectively prevent others from patenting similar ideas while optimizing IP expenditure.
Why Choose us?
There are several compelling reasons to choose Effectual Services for your defensive publication needs
We offer a cost-effective alternative to patent protection, allowing you to safeguard your innovations without incurring substantial patent filing and maintenance expenses.
Strategic IP Management
Our services help you strategically manage your Intellectual Property (IP) portfolio by focusing resources on innovations aligned with your business goals.
Expertise in Defensive Publication
Our experienced drafters specialize in defensive publication, ensuring that your invention is described comprehensively to prevent others from patenting similar ideas.
Our team comprises experts with technical backgrounds across various domains, ensuring accurate and precise descriptions of complex innovations.
We tailor our defensive publication strategy to your specific needs, considering the unique characteristics of each invention.
Rigorous quality control processes and multi-level reviews guarantee the accuracy and completeness of the defensive publication document.
We ensure that your defensive publication is accessible through relevant databases, protecting your innovation on a global scale.
Our focus is on including all possible embodiments of your invention in the defensive publication, leaving no room for narrower patent filings by others.
Proven Track Record
With a successful history of drafting hundreds of defensive publication documents, we provide reliable and effective protection for your innovations.
Cost Savings and IP Freedom
By choosing our services, you save on patent-related expenses and retain the freedom to practice your innovation without the risk of infringement claims.
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Safeguarding Innovation for a High-Tech Start-up
A high-tech start-up with limited resources needed to protect its cutting-edge technology while minimizing costs.
Filing traditional patents was financially burdensome for the start-up, but they were eager to prevent competitors from patenting similar ideas.
What We Did
We collaborated closely with the start-up’s technical experts to gain a deep understanding of their innovation. After a strategic assessment, we recommended a defensive publication strategy. Our experienced drafters created a comprehensive defensive publication document, ensuring it described all possible embodiments of the technology. We then submitted the document to relevant databases, effectively safeguarding the start-up’s innovation within budget constraints.
Cost-Efficient IP Management for a Manufacturing Giant
A prominent manufacturing corporation aimed to optimize its Intellectual Property (IP) expenditure while still protecting valuable innovations.
Not all inventions aligned with the corporation's business objectives, making traditional patenting an inefficient use of resources. They needed a cost-effective strategy to safeguard these innovations.
What We Did
Our team conducted thorough evaluations of each innovation in collaboration with the corporation's experts. For inventions that didn't warrant full patent protection, we recommended a defensive publication approach. We meticulously drafted comprehensive defensive publication documents, covering all potential embodiments of each innovation. These documents were then submitted to pertinent databases, ensuring that the corporation's valuable ideas remained protected while reducing IP-related costs.
Ensuring IP Freedom for a Technology Pioneer
A pioneering technology company wanted to maintain the freedom to practice its innovations while preventing competitors from patenting similar concepts.
The company understood that not every innovation warranted the expenses associated with patent filing, but they needed a robust strategy to avoid infringement claims.
What We Did
Our experts worked closely with the company's technical team to gain in-depth insights into their innovations. Following a strategic assessment, we recommended a defensive publication strategy. Our skilled drafters meticulously created defensive publication documents, ensuring they encompassed all potential variations of each innovation. These documents were then submitted to relevant databases, granting the company IP freedom while protecting its ideas from patent filings by others.
"A cost-effective way to protect our innovations strategically."
Chief Technology Officer (CTO)
"Comprehensive defensive publications simplified our IP management."
"Strategic flexibility for optimizing our IP strategy."
"Efficient protection of our intellectual property."
"Flexible solutions aligned with our business objectives."
Intellectual Property Manager