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IP Strategy · Published November 6, 2026

Sometimes the Smartest IP Move Is Publishing, Not Patenting

By Axel D'Addario · Founder & Managing Partner, Broadview Holdings

Not every innovation is worth the cost and disclosure risk of a full patent filing, but leaving it completely undocumented risks a competitor independently developing the same idea and patenting it themselves, potentially blocking you from using your own innovation. Defensive publishing solves that gap, and it's a tool I use far more than most founders realize is available.

Publish to Create Prior Art, Not to Get Credit

Defensive publishing means deliberately disclosing an innovation publicly, whether through a technical publication, an industry journal, or a dedicated defensive publication database, specifically to establish prior art that prevents anyone, including a competitor, from later patenting the same idea. It doesn't give you exclusivity, but it guarantees nobody else can lock you out of using something you developed either.

I use this route for innovations that are useful but not central enough to my competitive advantage to justify the ongoing cost of patent prosecution and maintenance, or for ideas I want to make sure stay in the open commons specifically so a competitor can't corner the market on a variation of my own work.

It's Cheaper Insurance Than People Realize

The cost of defensive publishing is a fraction of patent prosecution, since there's no examination process and no ongoing maintenance fees. For a company generating a steady stream of incremental innovations that don't individually justify full patent protection, building a defensive publishing habit protects freedom to operate at a much lower cost than trying to patent everything defensively instead.

I now review every internal innovation with the same triage question: is this worth a full patent, worth a trade secret, or worth a defensive publication to keep the field open. Treating defensive publishing as a legitimate third option, not just an afterthought, has saved real legal spend while still protecting the business from getting boxed out of its own ideas.

About the author & Broadview Holdings

Axel D'Addario is the Founder & Managing Partner of Broadview Holdings, an operating and commercialization partner. His experience spans product development, IP-related business strategy, supply chain, and strategic partnerships. He serves as an Operating Partner, fractional COO, CSO, and CIO, and IP Commercialization Expert.

Commercial context, not legal or tax advice. Patent counsel should assess rights, legal risks, and transaction documents.

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I help inventors, founders, patent owners, companies, and investors evaluate product development, licensing, strategic partnerships, and potential IP sales. Legal protection is one step; building a credible path to revenue is another.