Prior art

IOTD is a source of prior art, whatever you may think of its value. Amongst those of us who would rather compete in the spheres of ideation and product development than in the courts and who think that worthwhile research has to be publicly available, such defensive publishing is becoming more widely accepted.

Alternatives to the Patent Arms Race: An Empirical Study of Defensive Publishing

This article by Joachim Henkel and Stefanie Pangerl is based on an empirical study of defensive publishing. It relies on 56 interviews with intellectual property experts and finds that 70% of the companies in its sample make use of defensive publishing. It argues that defensive publishing will be used more actively in the future since it can contribute to solving the aggravating problems of the patent arms race, of an increasing likelihood of inadvertent infringement, and of patent trolls.

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