I would like my my article to show up in a search for relevant prior art conducted by a patent examiner in the United States or Europe, so that the article will serve as a defensive publication. Is publication via ResearchGate likely to achieve my goal?
The examiners may find your article via ResearchGate(via Google or academic Google) or using any of the several databases these Bureaus have available. This should not be a matter of concern. But if your article will serve as a defensive publication, that is another issue that also involves the patents examined. I hope this can help.
Sandrto is right. Any prior publication is relevant to a patent whether cited by the examiner or not
Many thanks for the responses. FYI, the U.S. Court of Appeals for the Federal Circuit recently reiterated that “The standard for public accessibility [in the United States] is whether interested members of the relevant public could locate the reference by reasonable diligence.” Key words are “interested members” and “reasonable diligence.” See: https://cafc.uscourts.gov/opinions-orders/22-1751.OPINION.2-8-2024_2267070.pdf. The court held that an operating manual was effective prior art under this standard. With this standard in mind, I plan to create a defensive publication using ResearchGate, possibly in combination with a defensive publication service such as Questel or IP.com.
It's actually not a particularly helpful US Court definition ("reasonable diligence" undefined) but your proposed action should suffice.
Your article may be able to show up in a search for relevant prior art conducted by a patent examiner in the United States or Europe or even China. Your article may serve as a defensive publication under IP Strategy. Publication via ResearchGate is highly the right place for you to achieve your goal. JEONG CHUN PHUOC
Patent examiners may find your article in a patent search if it's relevant to the patent application's subject matter.
- Badges
- Science topic
- Similar topics
- Geoscience
- Asia
- India