Planned feature

The decentralized future of defensive publishing

Publish selected innovations. Keep a verifiable record of what you disclosed, and when.

Some innovations are worth publishing

Not every technical improvement belongs in a patent application, or needs to stay a trade secret. Defensive publishing makes an innovation public, so it can count as prior art against later patent claims on what you disclosed.

It's a smart move for incremental improvements, methods, or technologies you want to keep open - especially when patenting everything would cost a fortune.

Bernstein's planned Defensive Publishing feature connects your confidential innovation records with deliberate public disclosure, combining distributed publication, blockchain certification and evidence of public availability.

This feature is not yet available. Certifying your work with Bernstein is available today.

As we've expanded from domestic to international markets, we'd go broke if we tried to patent everything we had.
— Bill Grieshober, Rich Products,New York Times, Feb 2002

What makes a good defensive publication

Technical substance

Enough detail for someone skilled in the field to understand the innovation and put it into practice.

Timely publication

Predictable publication timing that fits your IP strategy, so you disclose before someone else files.

Public accessibility

Anyone can retrieve the complete material, with no confidentiality restrictions.

Discoverability

Clear descriptions and indexing help researchers and patent examiners find it.

Verifiable publication evidence

Records tie the exact content you disclosed to when and where it became publicly accessible.

From private records to public disclosure

Bernstein already helps you certify confidential work and document how it evolves. The planned feature adds a deliberate publication step - choose what to disclose, keep the link to its development history, and build a verifiable record of the disclosure.

Publication and its evidence in one workflow, with you deciding exactly which material goes public.

The planned approach

Identify the exact disclosure

Each published version gets a content-based identifier. Change a file and you get a new identifier, so versions stay distinct and anyone can check their integrity.

Publish beyond a single platform

Distributed storage makes disclosures publicly retrievable, with copies held by independent operators - no dependence on one website or provider.

Preserve evidence of publication

Connect the disclosed files with records of where and when they were publicly accessible, and certify that evidence with Bernstein - Bitcoin anchoring and trusted timestamps.

Make disclosures easier to find

Searchable descriptions, plus publication and indexing channels, help researchers and patent examiners discover the technical material.

Publish as your innovation develops

Defensive publication can follow your R&D. Publish one development, then add later improvements as linked, incremental disclosures, each with its own identity and evidence.

Disclose selected elements over time, and keep the rest of your work confidential.

A deliberate IP decision

Certifying a private file gives you evidence that it existed. It doesn't make that file public.

Publishing gives up confidentiality for what you disclose, and can affect your own patent options. It doesn't grant a patent or guarantee freedom to operate. Decide what to publish with your IP adviser.