Defensive publishing: a strategy for maintaining intellectual property as public goods

Defensive publication is the practice of disclosing details about innovations to the public, thereby preserving the innovation as a public good by preventing others from patenting it. Since a defensive publication makes a description of the innovation available publicly, the innovation can no longer be called new (novel) and thus cannot be patented.

This paper first introduces the practice of defensive publication then reviews the concept of novelty, which is at the centre of the it’s use. It then describes the various options available for defensive publishing and discusses the strengths and weaknesses of each. The conclusion presents a table that research managers can use to aid decisions on defensive publishing both forms and methods.

The authors of this article argue that defensive publishing is just one of a range of tools that enable scientists and research enterprises to exploit their intellectual property effectively. Indeed, they say, it should not be used alone, but rather as part of an institutional strategy for management of intellectual property assets. They call on public research organisations to put such strategies into place.