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Publish a draft as prior art

How publishing on depatent.com works, the two confirmation steps and why you should treat it as permanent.

Updated

What it does

When a draft is ready, you can publish it on depatent.com, our site for defensive publications. A defensive publication is a public document that counts as prior art (public knowledge dated before a patent application). Once your idea is public, nobody can patent it, and that includes you.

Because this cannot be taken back, the app makes you confirm twice, and the second time you type a word.

How to use it

  1. Open a ready draft and tap Publish as prior art. Next to the button the app shows a reminder: "Drafted by AI from your recording. Not legal advice; review it before you file or publish."
  2. Step one, "Publish on depatent.com?", says: "After publication this invention enters the public domain as prior art. You will never be able to patent it. Competitors also won't." It adds that the document will be public and that search engines and patent examiners can find it. Tap Continue.
  3. Step two, "Confirm publication", says "This is permanent." Type PUBLISH in capital letters. The Publish button stays off until the word matches exactly.
  4. You can tap Cancel at either step. Nothing is published if you cancel.
  5. After publishing, the draft shows "Published on depatent.com" with the public address, and Open and Copy buttons. If the publication has a DOI (Digital Object Identifier, a permanent reference number for a document), the app shows it there. Not every publication has one.

Settings that affect it

None. The default in "Choose a patent or depatent default" does not change this flow.

Limits and honest caveats

  • Treat publishing as permanent. Search engines and archives can keep copies of a public page. Do not publish anything you still want to patent.
  • Only a ready draft can be published. Read it first, and ask a patent attorney if you have any doubt.
  • The app does not promise a timestamp, an archive copy or a DOI for every publication. They are shown only where they exist.
  • Publishing is not filing a patent. The app does not file applications.
  • If publishing fails you see "Could not publish — please try again." If the draft is already published, the app tells you so.

FAQ

What if I type "publish" in lower case? It does not match. The button stays off until the text is exactly PUBLISH.

Can I publish by accident? Not easily. It takes two confirmation steps and a typed word.

Can I stop in the middle? Yes. Tap Cancel at step one or step two and nothing is published.