So I recently filed a provisional application for an IP that is a process attached with extreme significance in bioinformatics - a data analysis process that can be used to make a health service 1/100th the cost. It is a clearly patentable process. It does not qualify for national competitiveness in the legal definition, but being US based would have a profound impact in health related applications in a few years.
I disclosed this process (confidentially) to a department head at my university in the Fall. I Filed in early April. My concern is around a data breach found recently from the Fall.
I keep all the details of my development over years (dated as far back as 2016) in immutable storage (cross regional server on permanent retention in a WORM bucket). Given this and the details of the investigation ongoing I feel confident that I can later prove a filing made without my knowledge was based on my work. So for the questions below please assume this is the case.
If the process were publicly disclosed before April by a period of 6 months but not filed in any way would I still be able to file a PCT and maintain global IP control if granted? To be clear this disclosure was not made by any university employees but from illegal access to my computers.
If the process was filed as a patent before my provisional (which only had confidential disclosures to refine the process and extend IP window for sale) by a period of more than 6 months would I maintain global priority if I were to win a derivative process proceeding? As in if they filed in summer of 2020 and I filed in April of 2021, then I were to win a derivative proceeding would I gain the priority date of their filing?