Strategic use and motivation

The tool of a strategic publication can profitably be used in various situations.

Since the validity of strategic publications arises indirectly from the legal requirements relating to the eligibility for protection of inventions, the motivation is not relevant for the purposes of the legal assessment and thus with regard to the validity of strategic publications.

However, the motivation for a strategic publication does allow a type of classification of strategic publications into three areas:

"Defensive" strategic publication

"Defensive" strategic publications are carried out on the basis of the motivation of ensuring one's own freedom to operate for the future. Strategic publication acts in the manner of a protective shield against third-party rights of prohibition. Thus, the primary objective is protection of one's own rights. It may be advantageous to publish in such a way that the publication is widely distributed and can be searched for easily, in order to deter competitors from applying for a property right in relation to the technical teaching described. A wide distribution also provides patent examiners with the opportunity to become aware of the publication. However, it may also be strategically desirable to publish with a low level of distribution and searchability, in order to be able to pull the publication "out of the hat" in the event of a dispute.

"Offensive" strategic publication

"Offensive" strategic publications are carried out on the basis of the motivation of using the publication against a third party which is suspected of seeking a property right, in order to prevent this property right from coming about. In this case, protection of one's own rights is not of primary importance, but rather it is the hindrance caused to a third party in obtaining a property right by the strategic publication. This can be used, for example, in a "development race", when two companies are researching the same technology at the same time and one company falls behind.

"Disguised" strategic publication

The "disguised" strategic publication is a "hidden" strategic publication. The aim is for the publication not to be found by third parties. This type of strategic publication combines advantageous characteristics of secrecy and publication. However, the boundaries of a hidden strategic publication are legally uncertain and this form brings with it the risk that the strategic publication may not be legally valid in a specific case. It is advisable to ensure that fundamental requirements are complied with.

Modular process

A process that can easily be adapted to individual requirements taking all legal aspects into consideration.

Proof of date

We pass each publication to a network of libraries where it is catalogued in a verifiable manner.
Read more about this here.