In reference to the patent: WO2012138548A1

The current application is invalid because the application US 61/412879 was made Nov 12 2010 and is therefore in the public domain

1 Answer 1


Not really.

US 61/412879 was a provisional filed on 12 November 2010. A subsequent non-provisional application US 13/295961 was filed on 14 November 2011. This was published as US 2012/0129617 A1 on 24 May 2012. Thus US ’617 would only be prior art for applications filed after 24 May 2012, since everything before was unpublished and therefore not prior art.*

WO 2012/138548 A1 was filed as PCT/US2012/031278 on 29 March 2012, and claims priority from US 13/083297, which was filed on 8 April 2011. This is before the publication date of the application mentioned above. So assuming the priority claim is valid, US ’617 is not prior art for PCT ’278.

*Except in the US, where the effective publication date of US ’617 is backdated to the filing date of the provisional (that is, 12 November 2010).

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