I have a question about the prior art applicability of earlier-filed later-published applications having a common inventor or a common assignee.
Earlier filed application: Indian Patent application IN2765DEL2009 filed June 30, 2010 and published February 1, 2013.
International Application WO2013/098829 filed December 30, 2011 and published July 4, 2013 (US is a designated state).
Both applications are identical and share the same inventor and the same applicant. The Earliest application (IN2765DEL2009) was filed 18 months before the International application.
Assuming that the Applicant will enter national phase in US, does the Indian Patent application (IN2765DEL2009) qualify as "prior art” in US?
If not, how can we prevent this Applicant from obtaining two patents for the same invention?