- Black Belt
- Posts: 2414
- Joined: Sun Jan 21, 2007 7:32 pm
- Location: United States
It certainly can.
The two are like polar opposites of each other, in terms of strategy.
However, a proactive publication can be used to defend against potentially unscrupulous activity. Say you've disclosed something in confidence under an NDA, and you don't like the way things look afterward, based on the circumstances. You can publicize the idea to pre-empt any untoward advancement of your idea.
It can also be used to "call the bluff" of a potential licensee who wants to footdrag, by making them unequivocally aware that someone else may pull the rug out from under them. Just email them a copy of the publication, and put a positive spin on it.
Get something on file with the USPTO beforehand, to give yourself incomparable leverage.