What is Patent Early Publication? :An Overview
Patent Early Publication is a strategic process that enables inventors and companies to disclose their inventions and ideas to the world before the patent application is fully examined and granted. By opting for early publication, innovators gain the advantage of protecting their ideas early on, while also signaling their intent to safeguard their intellectual property rights. Early publishing of a patent application occurs when the application is made public before the 18-month mark following the date of filing. This can be accomplished by asking for an early publication at the Patent Office.
An advantage of early patent application publishing is that it can alert investors, deter competitors, and raise money for IP protection. Additionally, there are drawbacks such as the potential for pre-grant opposition, the inability to modify the application, and the inability to withdraw the application.The rights and benefits the patent applicant has over rivals become effective upon publication. Once the patent has been issued, these rights may be used. Consider the publication of a patent as a warning to rivals not to try to replicate the invention described in the patent application.
