We are working to ensure that developers have freedom to operate by helping the Linux and open source community limit poor quality patents. If you would like to have your invention prepared as a defensive publication, please submit your invention here. Feel free to take a look at some previously submitted defensive publications, to get a sense of the length and format.
What is a defensive publication?
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.
The Defensive Publications program, a component of Linux Defenders, enables non-attorneys to use a set of Web-based forms to generate defensive publications. It relies on substantial participation from the open source community as it relates to disclosures. Defensive publication drafts will be reviewed and edited as needed and at no charge by OIN’s attorneys. The completed defensive publication will be added by OIN to the IP.com database, which is in turn used by IP attorneys and the patent and trademark office to search for prior art when examining patent applications.