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Defensive publication vs a timestamp: publish it, or date it privately?

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Two very different ways to put a date on an invention. One makes it public on purpose. The other keeps it private and records only a fingerprint.

Your files never leave your computer. With TimeBinder®, each file is hashed locally on your own device. Nothing is uploaded or stored by TimeBinder.

Defensive publication vs a timestamp: the short answer

A defensive publication makes an invention public so it can count as prior art, which can stop others patenting the same thing. WIPO describes this in its patents FAQ, and warns that disclosing an invention before you file will severely limit your own chance of a patent. A timestamp does the opposite. TimeBinder records only a SHA-256 fingerprint of your invention records on the Bitcoin blockchain, so nothing about the invention is published, and you can later show the exact files existed no later than the recorded time. Because a fingerprint doesn’t reveal the invention, a private timestamp isn’t a substitute for a defensive publication. Choose publication when you want to keep a field open and don’t plan to patent. Choose a timestamp when you want to keep your options open and keep the work confidential. Many teams timestamp first and decide on publication later.

This is general information, not legal advice. For advice about your situation, speak to a lawyer in your country.

Published . TimeBinder pricing checked on 1 November 2026. All prices are in US dollars.

What is TimeBinder? TimeBinder is a blockchain timestamping service. It shows that a digital file existed no later than a specific time, and that it still matches its fingerprint, by anchoring the file’s SHA-256 fingerprint to the Bitcoin blockchain. Files are hashed in your browser and never uploaded, and each TimeBind comes with a Proof of Time Certificate that can be checked later. It does not prove who created a file or that its contents are true.

Defensive publication vs timestamp at a glance

Defensive publicationPrivate timestamp (TimeBind)
Is it public?Yes. That is the pointNo. Only a SHA-256 fingerprint is recorded; the file is never uploaded
Aims to create prior art?Yes, if it meets the rules where it mattersNo. It doesn’t disclose the invention
Keeps the idea secret?No. Anyone can read it, including competitorsYes, until you choose to show the file
Effect on your own patent optionsWIPO warns that disclosing before you file severely limits themThe timestamp itself discloses nothing
CostVaries with where and how you publishFree plan: 1 Token a month. Pooled 1 Token, ASAP 3 Tokens
What it showsWhat was made public, and from whenThat exact files existed no later than the recorded time, and still match their fingerprints

When defensive publication is the better fit

Defensive publication suits an invention you don’t plan to patent but want to keep free to use. If it is published in a way that counts as prior art, a later patent application for the same thing can be refused for lack of novelty or inventive step. WIPO’s patents FAQ describes this as placing the invention in the public domain.

It works best when you have decided not to seek a patent, you mainly want freedom to keep using the technology yourself, and you are comfortable with competitors reading the details.

A defensive publication has limits too. A WIPO committee paper on defensive protection notes that it only helps stop others gaining IP rights, and doesn’t in itself stop anyone using the material. The same paper says a publication should have a clear date, explain the technology well enough for a reader to put it into effect, and be somewhere patent examiners are likely to find it.

When a private timestamp is the better fit

A timestamp suits work you aren’t ready to make public. WIPO stresses that it is important to file a patent application before publicly disclosing an invention. Recording a fingerprint doesn’t disclose anything, so it leaves that choice open.

  • You may still want a patent. Keep the invention confidential, timestamp your records, and talk to a patent attorney before you show it to anyone.
  • You want to keep it as confidential know-how. IP Australia’s page on non-disclosure agreements notes that some businesses keep information secret rather than have it exposed when a patent specification is made public. See trade secret records timestamping.
  • You want a dated development history. Timestamp each version of your notebook, drawings and test results. Our invention records page covers what inventors usually TimeBind.

Each file is hashed in your browser and only its fingerprint is recorded. Later you can show the original file and its certificate to your patent attorney.

Using both

A common order is:

  1. Timestamp first. TimeBind the invention records while they are still private. One TimeBind holds up to 10 files, so zip a larger set and keep that exact zip.
  2. Take advice. Decide with a patent attorney whether to file, publish or keep the invention confidential.
  3. If you publish, timestamp what you submit. TimeBind the exact text and drawings you send to the publisher, and keep the published copy with its date.

A timestamp doesn’t change the effect of publishing. If you publish your own invention, IP Australia says a 12-month grace period applies to filing a standard patent application in Australia, but not every country offers one. WIPO notes that where grace periods exist they are usually between 6 and 12 months. Check IP Australia’s current guidance before relying on either.

Read an invention shown publicly years ago for what can go wrong, and how to prove you invented something first for dating your records.

What a timestamp shows, and what it doesn’t

What it shows

  • That this exact file existed no later than the time recorded on the Bitcoin blockchain
  • That a file shown later still matches its fingerprint: the same file gives the same fingerprint, and any edit gives a different one
  • A dated record that doesn’t require you to disclose the invention

What it doesn’t show

  • Who invented or created the invention
  • That the invention is new, or that you own it
  • A filing or priority date with any patent office
  • That it will count as prior art, or how a patent office or court will treat it. It isn’t legal advice

Pooled TimeBinds (1 Token) are verified through TimeBinder and are usually recorded within 24 to 48 hours, and often sooner, depending on Bitcoin network activity. ASAP TimeBinds (3 Tokens) can be verified independently from the certificate and the Bitcoin blockchain. Checking a TimeBind is always free.

Defensive publication vs a timestamp: FAQ

Is a blockchain timestamp prior art?

Don’t rely on it as prior art. WIPO explains that in many countries prior art means information made available to the public before a filing date. A TimeBind records only a fingerprint, which doesn’t reveal your invention, so it isn’t a defensive publication. Whether any record counts as prior art is for the patent office or court involved, so ask a patent attorney.

Does a timestamp help with a patent application?

It is evidence of timing only: that your exact records existed no later than the recorded time. It doesn’t give you a filing or priority date with any patent office, and it doesn’t reserve any rights. Get advice from a patent attorney before you disclose or file.

Does Australia have a grace period for my own disclosures?

IP Australia says that if you have already made your invention public, you have a grace period of 12 months to file a standard patent application, and that not all countries offer a grace period. Read IP Australia’s guide, what to consider before applying for a patent, and get advice before relying on it, especially if you may file overseas.

Can I do both?

Yes. Timestamp your invention records first, so you have a private dated record, then publish if you decide to. Timestamp the exact text and drawings you send for publication too, and keep those files unchanged.

What does a timestamp cost?

The Free plan includes 1 Token every month. A Pooled TimeBind uses 1 Token and an ASAP TimeBind uses 3, and each holds up to 10 files. Essential is USD $20 a month for 5 Tokens. See pricing.

Date your invention records privately

Record a fingerprint of each notebook, drawing and test file before you decide whether to publish.

  1. Choose the exact files and keep unchanged copies.
  2. Create a TimeBind. Files are hashed in your browser.
  3. Keep the certificate with the files, and take patent advice before you disclose.
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Your files stay privateEvery file is hashed locally on your own computer. Your files are never uploaded or stored by TimeBinder; only a fingerprint is sealed to Bitcoin.

The Free plan includes 1 Token every month. See pricing