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How to stop someone else from patenting your invention, without paying for a patent

Open Prior Art · Last reviewed 23 October 2026 · General information, not legal advice

Short answer

Publish it. A patent is only granted for something new, so once your invention is public, with a date that can be proven and enough detail that an expert could build it, a later patent application for the same thing should fail. This is called a defensive publication. It costs nothing on Open Prior Art, but it also means you most likely can't patent the invention yourself, and it doesn't stop anyone from using or copying it.

Why publishing works

Every patent office in the world requires an invention to be new before it grants a patent. "New" means it was not available to the public anywhere, in any form, before the application was filed. Anything that was available is called prior art.

So if you publish a clear description of your invention today, anyone who files a patent application for the same thing tomorrow should be refused, or, if their patent is granted anyway, it can later be challenged with your publication. You don't need to own anything for this to work: the publication itself does the job.

Two things decide whether a publication actually counts:

Your four options compared

OptionTypical costStops others patenting it?Stops others using it?Watch out for
Patent itThousands to tens of thousands of euros over its life, more for many countriesYesYes, in the countries where it is granted and kept in forceCost, years of procedure, and you have to enforce it yourself
Publish it (defensive publication)Free to lowYes, for applications filed after your publication dateNo: anyone may use it, including youYou most likely lose the right to patent it yourself
Keep it secretFreeNo: someone who invents it independently can patent itOnly while the secret holdsWorks for recipes and processes, not for products that can be examined
Do nothingFreeNoNoSomeone else could patent it and stop you from using it

If you want to use your invention freely but don't need to stop others from using it, publishing is usually the cheapest way to keep that freedom.

What publishing does not do

Before you publish anything: publishing will most likely stop you from patenting the invention too, in Europe, China and most other countries. A few countries (for example the US, Japan, South Korea, Canada and Australia) give inventors a 12-month grace period for their own disclosures, but it does not apply everywhere, so don't rely on it if you might want a patent later.

Where to publish: the choices

Anything public can be prior art, but some places make it much easier to prove the date and much more likely that an examiner finds it.

WhereCostStrengthsWeaknesses
Your blog, website or social mediaFreeFast, easyDates are easy to dispute, pages disappear, examiners rarely search there
Scientific journal or preprint server (e.g. arXiv)Free to highWell indexed, trusted datesNeeds a research paper, not just an invention; may be slow
Technical Disclosure CommonsFreeIndexable by Google Patents; established, run by bepress at Google's requestUsed mostly by companies; no patent-style classes or certificate
Commercial databases (e.g. IP.com, Research Disclosure)PaidLong-established, searched by patent officesCost per publication
Open Prior ArtFreePatent-style entries (classes, English summary, references), two independent timestamps, Internet Archive copy, certificate, original in any languageNew, so not yet as well known to examiners; human review takes a few days

You can also publish in more than one place. The earliest provable date is the one that counts.

How to do it on Open Prior Art, step by step

  1. Read "Before you publish". Confirm you understand that publishing is permanent and what you give up.
  2. Create a free account. We email you a login link; there are no passwords. Your name stays private unless you choose to show it.
  3. Write the disclosure in your own words: the problem, a detailed description, an example and variants, up to five drawings. The original can be in any language; add an English title and summary so examiners can find it.
  4. Add patent classes and known prior art. The form suggests classes that similar patents use, so your entry sits where examiners search.
  5. Run the completeness check and submit. The check only points out gaps; it never writes for you.
  6. We review and publish it. It gets a permanent number (OPA-year-number), a fingerprint, two independent timestamps and an Internet Archive copy. When the proof is complete, you get your Certificate of Publication.

If someone has already filed a patent application

A publication made after their filing date won't count against their application. But if you can show the invention was public before they filed (an old product, manual, video, article, earlier publication), you can tell the patent office:

These are formal procedures with their own rules. If a specific patent is in your way, it is worth talking to a patent professional.

Questions

Can I stop someone from patenting my idea without getting a patent myself?

Yes, in most cases, by publishing a clear description of it with a provable date before they file. A patent requires the invention to be new, and your publication makes it no longer new. It does not stop anyone from using the idea, including you.

Is posting my idea on my blog or social media enough?

It can count as prior art, but it is weak in practice: the date is easy to dispute, posts get deleted or edited, and patent examiners rarely search there. A registry with independent timestamps and permanent copies is much stronger evidence.

Can I still patent my invention after publishing it?

In most countries, no. Europe and China have no general grace period for your own disclosures. The US, Japan, South Korea, Canada and Australia allow 12 months, but only there. If you might want a patent, file first or get advice before publishing.

Does publishing stop others from copying my invention?

No. Publishing creates no rights. It keeps the invention free for everyone, including you, but anyone may also make and sell it.

How much does a defensive publication cost?

On Open Prior Art it is free. Commercial prior-art databases charge per publication. A patent typically costs thousands to tens of thousands of euros over its life.

Sources

  1. European Patent Convention, Article 54: Novelty
  2. European Patent Convention, Article 55: Non-prejudicial disclosures
  3. 35 U.S.C. 102: Conditions for patentability; novelty (USPTO, MPEP)
  4. Mewburn Ellis: Grace periods for disclosure of an invention before applying for a patent
  5. European Patent Convention, Article 115: Observations by third parties
  6. EPO: Third-party observations
  7. European Patent Convention, Article 99: Opposition
  8. USPTO: Preissuance submissions by third parties
  9. Technical Disclosure Commons: About defensive publications

Related guides

Ready to publish? Writing a disclosure takes about an hour. It is free, every entry gets a permanent number and independent proof of its date, and you can stay anonymous.

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