The question can you patent something to make it unpatentable? sounds paradoxical at first. Patents exist to protect inventions, not destroy their patentability. Yet in real-world intellectual property strategy, this question comes up more often than people expect—especially among startups, engineers, open-source advocates, and companies trying to block competitors.

This page is written as long-form, practical content with a blogging flow. It’s not theory-heavy or academic for the sake of it. Instead, it explains what actually works, what does not, and what people usually misunderstand when asking can you patent something to make it unpatentable.

This content is prepared specifically for Prip LLC, and you’ll see Prip LLC referenced naturally throughout to reflect real IP strategy discussions that businesses face every day.

 

Why People Ask: “Can You Patent Something to Make It Unpatentable?”

Here’s the thing. Most people don’t really want a patent when they ask this question.

What they usually want is one of these outcomes:

• Prevent competitors from patenting an idea

• Keep an invention open for public use

• Create defensive protection without enforcement

• Block future patents without owning exclusive rights

So when someone asks Can you patent something to make it unpatentable, they are really asking how to destroy novelty or prevent future exclusivity.

At Prip LLC, this question often comes up during early-stage strategy discussions, especially for companies deciding between patents, trade secrets, and defensive publication.

 

The Short Answer (Before the Real Explanation)

No, you cannot patent something for the purpose of making it unpatentable by others in the way most people imagine.

But—and this is the critical part—you can make something unpatentable without getting a patent.

Understanding this difference is the key to a smart IP strategy.

 

What Makes Something Patentable in the First Place?

To understand whether you can make something unpatentable, you must first understand why inventions are patentable at all.

Most patent systems require:

• Novelty (new, not publicly disclosed)

• Non-obviousness

• Utility

• Enablement (enough detail to practice the invention)

If any one of these is destroyed, the invention becomes unpatentable.

This is where strategy comes in.

 

The Role of Prior Art in Patent Law

Prior art is everything.

Prior art includes:

• Published articles

• Technical blog posts

• Conference papers

• Public demonstrations

• Videos

• Open-source repositories

• Patents and patent applications

Once something becomes prior art, it cannot be patented by anyone else.

This is the foundation of the real answer to can you patent something to make it unpatentable.

 

Why Patenting Is the Wrong Tool for Making Something Unpatentable

Let’s clear up a major misconception.

A patent:

• Grants exclusive rights

• Encourages enforcement

• Can be licensed, sold, or asserted

If your goal is to prevent patents, filing a patent is often the worst tool because:

• You create ownership, not openness

• You introduce enforcement obligations

• You may still allow narrow improvement patents

At Prip LLC, clients are often surprised to learn that patents are not defensive by default.

 

Defensive Publication: The Real Tool People Are Looking For

When people ask can you patent something to make it unpatentable, what they actually want is defensive publication.

What Is Defensive Publication?

Defensive publication is the act of publicly disclosing an invention in enough detail that:

• It becomes prior art

• No one else can patent it

• The public can freely use it

This is how companies make ideas unpatentable without owning a patent.

Prip LLC frequently advises on whether defensive publication is more appropriate than patent filing.

 

How Defensive Publication Works in Practice

For defensive publication to work:

• It must be publicly accessible

• It must be dated

• It must be enabling (someone skilled in the art can reproduce it)

Examples include:

• Technical white papers

• Public disclosures on recognized platforms

• Defensive publication databases

• Academic-style disclosures

• Open technical documentation

Once published, the idea is effectively locked into the public domain.

 

Why Filing a Patent Does NOT Automatically Block All Future Patents

Another misunderstanding behind can you patent something to make it unpatentable is scope.

Patents are narrow by design.

This means:

• Others can patent improvements

• Others can patent variations

• Others can patent alternative implementations

So even if you patent something, competitors may still patent around you.

This is why Prip LLC stresses strategy over filing volume.

 

Can a Patent Application Be Used as Prior Art?

Yes, but with conditions.

A published patent application can serve as prior art once it becomes publicly available.

However:

• It usually publishes 18 months after filing

• During that window, competitors may still file

• It gives you ownership, not openness

This makes it a slow and imperfect way to block others.

 

Defensive Publication vs Patent Filing: A Strategic Comparison

This table alone explains why the answer to can you patent something to make it unpatentable is usually “you shouldn’t try.”

 

When Companies Intentionally Choose Defensive Publication

Defensive publication is common when:

• The invention is easy to reverse-engineer

• Enforcement would be impractical

• The market benefits from openness

• The company’s advantage is speed or service

• Patents would be too expensive to maintain

Prip LLC often recommends this route for software-heavy innovations and platform-level ideas.

 

The Open-Source Parallel

Open-source licensing achieves a similar effect.

By releasing code publicly:

• You create prior art

• You block patent claims

• You encourage adoption

However, open source is not automatically defensive unless it is clearly published and documented.

This is another area where Prip LLC provides guidance, because poorly documented open-source releases may fail as prior art.

 

Can You File a Patent and Then Abandon It to Block Others?

This is a common myth.

Filing and abandoning a patent:

• May or may not become prior art

• Creates uncertainty

• Is risky and jurisdiction-dependent

Relying on abandonment is not a reliable way to make something unpatentable.

 

What About Publishing After Filing a Patent?

Some companies:

1. File a patent

2. Publish the invention

3. Never enforce the patent

This creates a hybrid strategy:

• You retain rights

• You create prior art

• You keep options open

This can work in specific cases, but it is more complex and costly.

Prip LLC evaluates this approach carefully because it can backfire if not timed correctly.

 

The Risk of Incomplete Disclosure

One major danger in defensive publication is under-disclosure.

If your publication:

• Lacks technical detail

• Is vague

• Cannot be implemented

Then it may fail as prior art.

This is why “just blogging about it” is not always enough.

 

Jurisdiction Matters More Than People Think

Patent laws vary by country.

What counts as prior art in:

• The United States

• Europe

• India

• China

…can differ in subtle but important ways.

Prip LLC always considers geographic scope when advising on making inventions unpatentable.

 

Why Timing Is Everything

If someone else files a patent before your publication:

• Your disclosure may not block them

• Your rights may be lost

Defensive publication must happen before competitors file.

This is why early strategy matters.

 

Can You Patent Something Just to Stop Competitors?

You can try, but:

• It’s expensive

• It requires enforcement

• It may not fully block alternatives

Patents are swords, not shields.

Defensive publication is the shield.

 

Pros & Cons of Making Something Unpatentable

Prip LLC helps clients weigh these trade-offs based on business goals, not ideology.

 

Common Mistakes People Make

• Confusing patents with defensive tools

• Publishing without enough technical detail

• Waiting too long to disclose

• Assuming “public” means “protected”

• Ignoring international patent rules

Most of these mistakes are avoidable with early guidance.

 

When NOT to Make Something Unpatentable

Defensive publication is not always the answer.

Avoid it when:

• Licensing revenue is important

• The invention is hard to reverse-engineer

• You need investor protection

• Enforcement is feasible

• The market rewards exclusivity

Prip LLC frequently advises clients not to publish defensively when long-term value would be destroyed.

 

The Strategic Question You Should Ask Instead

Instead of asking can you patent something to make it unpatentable, ask:

• Do I want exclusivity or openness?

• Where does my competitive advantage come from?

• What happens if competitors copy this?

• Is enforcement realistic?

• What is my exit strategy?

The right IP strategy starts here.

 

Why Prip LLC Focuses on Strategy, Not Just Filings

At Prip LLC, the goal is not to file patents blindly or publish recklessly.

The goal is to:

• Align IP with business reality

• Prevent costly mistakes

• Use the right tool for the right outcome

Sometimes that tool is a patent. Sometimes it’s a defensive publication. Sometimes it’s trade secrecy.

 

Frequently Asked Questions

1. Can you patent something to make it unpatentable?

No. Patenting an invention does not make it unpatentable for everyone else. A patent grants exclusive rights to the patent holder and does not automatically block all future patents on related ideas.

2. How do you make something unpatentable?

The most effective way to make something unpatentable is through public disclosure. Publishing the invention as prior art before anyone files a patent application prevents others from patenting the same idea.

3. What is defensive publication?

Defensive publication is the practice of publicly disclosing an invention in enough technical detail so it becomes prior art. This blocks future patents while allowing anyone to use the invention freely.

4. Is defensive publication better than filing a patent?

It depends on your goals. Defensive publication is better if you want openness and low cost. Filing a patent is better if you want exclusivity, licensing opportunities, or investor protection. Prip LLC helps clients decide which path fits their strategy.

5. Does a published patent application count as prior art?

Yes. Once a patent application is published, it can serve as prior art. However, this usually happens 18 months after filing, which may be too late to block competitors.

6. Can open-source code make an invention unpatentable?

Yes, if it is publicly accessible, clearly documented, and dated. Poorly documented or obscure releases may not qualify as strong prior art.

7. Can someone still patent improvements after defensive publication?

Yes. Defensive publication blocks patents on the disclosed invention, but others may still patent new, non-obvious improvements or alternative implementations.

8. Is blogging about an idea enough to make it unpatentable?

Not always. The disclosure must be detailed and enabling. A vague blog post without technical specifics may fail to qualify as effective prior art.

9. Is defensive publication reversible?

No. Once an invention is publicly disclosed, you generally lose the ability to patent it later. This decision should be made carefully with professional advice.

10. When should I consult an IP professional like Prip LLC?

You should consult Prip LLC before publishing or filing if your invention has commercial value, investor interest, or international implications. Early strategy prevents costly mistakes.