Is It Expensive To File A Protective Patent Entry?
It can be – but it does not have to!
IP Protection Can Always Fit Your Budget.
A Lesser-Known Method in IP
Technically speaking, publishing details of your invention somewhere on the Internet, even with restricted access, can already deter copying from competitors.
This method is known as Defensive Publication, as it is a protective action against future competition and potentially infringement.
And it starts from less than a thousand US dollars.
Our Methodology: Defensive Publications (DPs)
What Are Defensive Publications?
Generally, the purpose of a defensive publication (DP) is to create a “state of the art” or “prior art” for your invention. Then, your competitors’ IP consultants, when conducting these art searches, will have to advise their clients otherwise.
The core principles of a successful DP is to publish it in an adequately obscure location on the Internet, at a minimal cost, such that such documents can be cited against competitors’ patent applications, preventing them from obtaining patents in the exact form of your invention.
Useful Links:
Frequently-Asked Questions, Pros, and Cons of Defensive Publications >>
The mechanics of Defensive Publications at our firm and how we help >>
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Frequently Asked Questions
This can be any Word or PDF file that contains your technical ideas.
You have to positively confirm that we are allowed to publish this document for you and which ones of the inventions do you wish to include in the publication and which ones not. After publication, you can no longer patent this invention for yourself.
We have plenty of obscure spaces on the Internet where we can publish our Defensive Publications. We never talk about where we publish our Defensive Publications. That creates an extra level of safety for your own Defensive Publications. We will tell only you where we have published your Defensive Publication after publication.
As we have stated in the previous answer, we will not reveal the location of the publication and we have clauses ensuring that.
Yes, it is fully possible, and that is the point of the DP – for your competitors’ IP attorneys to find them in what is known as an ‘art search’ – and be restricted entry into the market.
You only need to release to us the technical details mentioned in the first question. We take steps to ensure that no information, at all, is released through “preview modes” on the websites we do these publications.
We always publish the file at a website that only we and you know, and for a purchase price that is reasonably high for making random downloads by third parties unlikely. This will prevent abuse of the publication, and potential infringement of your invetnion. If desired, we do not mention any name or other detail of the file’s content there.
There is a small professional fee for the following steps:
1. Putting up the publication online, inclusive our report about the publication, and
2. Preparing the content for publication if that is required.
You will have to pay for downloading the online publication and for reporting to you if you do not want to do this yourself.
If you can keep your invention secret, it can be better to not file a patent application for it at all. However, in exchange for the right to exclude others, your patent will disclose your invention in detail to the public. Besides, after your patent expires, anyone can use your invention without any restriction.
One major advantage of working on a DP with us is that you have an independent witness for successfully having made your Defensive Publication.
There are also some dilemmas involved: On one hand, you want to create ‘prior art’ such that your competitors cannot patent your invention for themselves; but on the other hand, you do not want your competitor to gain access to the technical teaching described in the defensive publication. Ideally, the defensive publication is available to the public but at the same time difficult to find.
The Defensive Publication Process
DP Creation
We create a technical paper based on your invention, and then publish that document on a source online.
Document Purchase
We will purchase/download the published document and produce a printed version.
Creation of Copies
We create and provide you the necessary scans of the printed DP we have purchased, with necessary receipt filing.
Ongoing Monitoring
We ensure no information can be seen by the public, not even a snippet. We also monitor and report purchase activity, if any.
About Us
Who Are We?
At our firm, we seek to combine legal, technical and scientific know-how. Our patent agents and qualified patent engineers serve the needs of clients by tapping on a combination of technical background and legal expertise.
Our philosophy is to assist our clients in recognizing and exploiting Intellectual Property as a business asset which complements our clients’ business objectives. We offer Intellectual Property services to fit the needs and budgets of all our clients, whether they be large corporations, SMEs or start-up companies.
Testimonials
Hear It from Others:
I have been working with Martin over the years and I find him and the team extremely knowledgeable about the patent process, innovation strategy and how to make it work for innovators and entrepreneurs. They are very easy to work with, focusing on a capital-efficient process in line with lean practices. While based in Singapore, the team can work around the world. I see Martin as an extension of our team; a trusted patent and trademarks advisor. Definitely recommending Schweiger to anyone who has patent and trademark needs!
Taras WankiewiczH3 Dynamics 
The team at Schweiger & Partners are very knowledgeable, forthcoming, and open in sharing how best can one navigate the intellectual property environment. It is also worth mentioning that everyone has a great level of passion and attitude. We are appreciative of the support on our IP issues.
Stanley TayIlluminating Asia Singapore & Shenzhen 
Martin has been extremely helpful when we liquidated a company that developed and built a complicated ship installation. Within just a few days, he provided, from scratch, a comprehensive and accurate valuation of the company’s patent portfolio. That IP valuation helped us tremendously in gauging the portfolio's sales price, which attracted interested buyers. One of the purchasers called the purchase price suggested with little resistance. Martin is a true professional in every sense and a trusted advisor to his clients and colleagues.
Don HoDHA+ Public Accounting Corporation, Singapore 
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