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Questions tagged [public-disclosure]

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How do I go about discussing a patenable product with a potential partner?

I met a possible partner who has solid business experience and seems well-connected. He appears to be the perfect compliment, but given the changes in patent law, I am afraid to start a discussion ...
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3 votes
1 answer
286 views

Will publishing parts of a provisional application jeopardize regular application based on it?

This old Science paper, among others, explains well how any public disclosure precludes patentability. How does this equation change if I file a provisional first, then publish the invention in a peer ...
Igor Urisman's user avatar
3 votes
3 answers
188 views

Mitigating possible patent exposure

I have spent the last 2 months working on an idea for a patent . I made designs and descriptions and I put it in an inventors notebook and had my 2 friends sign the book . I planned to submit the ...
user avatar
3 votes
1 answer
178 views

Are private discussions valid prior art?

Based on case law, there seem to be two contradictory tests for valid prior art when considering novelty of an invention. I would paraphrase them as: (i) If information was made accessible and ...
user132162's user avatar
3 votes
1 answer
212 views

Proving the date of a website being used as prior art

I have several pieces of prior art that were published on a website. The site is public but not in the Internet Archive or anything like that. I have content upload dates in the database that could ...
sdot's user avatar
  • 71
2 votes
1 answer
119 views

Will there be any downside if I show my patent claims to my infringer before publication?

I already published my paper. [After filing provisional application] A big company seems like copied my work from my paper and they are about to release their product in few months. The reason I ...
PrivateUser's user avatar
2 votes
2 answers
96 views

Questions about derivative process and abusive disclosure

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/...
CPalm0025's user avatar
2 votes
2 answers
116 views

Can I tell about idea details before posting a patent?

I have a business plan for selling apparel over the Internet, with unique features that distinguish this idea from other sites. Before patenting this idea in the WIPO, can I tell about particularities ...
MRL's user avatar
  • 21
2 votes
1 answer
61 views

Shared my work for analysis before applying for a patent?

I have an idea, that is of potential. However, before applying for a patent(U.S then international) it's going through a peer-review process; that is me sharing my work with a few individuals(...
ProofofConcept's user avatar
2 votes
1 answer
363 views

Is a rejected patent application considered prior art under "first to file"?

Let's say Company A's patent application is rejected due to prior art, a public disclosure from Company B (made within Company B's 1 year grace period). Would Company B's very similar patent ...
sdot's user avatar
  • 71
2 votes
0 answers
47 views

Public sales abroad constitute disclosure

One would not be surprised to read from 35 USC 102(a)(1) that novelty is not satisfied when: the claimed invention was patented, described in a printed publication, or in public use, on sale, or ...
user132162's user avatar
1 vote
1 answer
60 views

Most countries require that patent applications be filed before public disclosure of an invention: does it include US provisional patent applications?

I read on techtransfer.harvard.edu: In the United States, patent applications may be filed up to one year after an invention's first public disclosure. In contrast, most foreign countries require ...
Franck Dernoncourt's user avatar
1 vote
1 answer
82 views

Does the time in the day of a public disclosure matter when submitting a patent application to the USPTO?

According to AIA 35 U.S.C. 102(b)(1)(A), public disclosures done one year or less before the effective filing date don't matter: AIA 35 U.S.C. 102(b)(1)(A) provides exceptions to the prior art ...
Franck Dernoncourt's user avatar
1 vote
1 answer
93 views

Is it a good idea to publicly release an idea after filling PCT application but before ISR is published?

Is it a good idea to put an idea included in a PCT application in the public domain so that it becames prior art? Is it a good idea to do so before the International search report is done? And after ...
Raul Alvarez's user avatar
1 vote
1 answer
47 views

How do others' publications during the grace period hinder patentability?

KU Center for Technology Commercialization writes: Note: the time window between an inventor’s public disclosure and patent application filing date allows others to publish similar work or work ...
MWB's user avatar
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1 vote
1 answer
29 views

Doesn't the publication of the Pharmaceutical Care Practices in 1998 and 2004 constitute public disclosure?

In reference to the patent: US20060271405
Marci Thiel's user avatar
1 vote
1 answer
51 views

Options for submitting prior art on a patent application after the 6 month window passed?

There's a patent application close to issuance for an "invention" we have significant pieces of prior art for, but the time allowed for third party submissions under 35 U.S.C. 122(e) has passed. MPEP ...
sdot's user avatar
  • 71
0 votes
4 answers
305 views

Would the demonstration of an invention be considered public disclosure

Say I am yet to patent the mechanism of my invention and I demonstrate it at a tech summit or conference to likely investors without revealing the mechanism or any internal details of it, would the ...
linker's user avatar
  • 113
0 votes
2 answers
39 views

Which countries don't permit filing of a patent application for up to 1 year after US patent application is filed (filed before public disclosure)?

I read on techtransfer.harvard.edu: In the United States, patent applications may be filed up to one year after an invention's first public disclosure. In contrast, most foreign countries require ...
Franck Dernoncourt's user avatar
0 votes
1 answer
29 views

Do I have to disclose the infringement in the Information Disclosure Statement form?

Let's say, I filed my Provisional in Jan 2019. I disclosed my work to the public in Mar 2019. An infringer copied my disclosed work and released a product in Jun 2019. I'll file a non-provisional ...
PrivateUser's user avatar
0 votes
1 answer
55 views

When exactly your own disclosures will be used as prior art against you?

If I understand correctly USPTO is a "relative novelty" office. There is a grace period of 1 year. Whereas EPO is an "absolute novelty" office. Anything disclosed before filing will be used against ...
PrivateUser's user avatar
0 votes
1 answer
46 views

US provisional patent application considered disclosure by the Indian patent office

Say I filed a provisional patent application at the USPTO on June 1st, 2020. The following year I filed a non-provisional on May 30th, 2021. I think file a complete patent application at the Indian ...
vikx01's user avatar
  • 39
0 votes
1 answer
53 views

What if I don't want to file a patent on a potentially novel idea. Can someone else patent it even after I begin working on it?

Working on a project and found an element that can potentially be patentable. I do not want to go through provisional filling yet. Nor do I want to disclose it. Just thinking for now wherever or not ...
dima's user avatar
  • 101
0 votes
1 answer
32 views

Is there such a thing as a 'common law patent'?

I was watching a 2014 episode of 'Shark Tank', Season 6, Episode 3. A woman pitching 'HeartPUP', a pet carrier, said that while in law school, one of her professors said, "Patent laws are changing ...
Paul Page's user avatar
0 votes
1 answer
43 views

If I freely described, in words and pictures, to individual companies(not "publicly") could I patent it, if no prior art?

I have developed a grain drying/storage system, which I started documenting in 2008. I have shown this system, in general, to individual manufacturers and organizations without monetary compensation ...
CSD's user avatar
  • 1
0 votes
1 answer
28 views

Labeling Patent Applications to avoid disclosure

I plan to have either an attorney or patent agent review a patent application. I would like to avoid any pitfalls regarding patent information disclosure that would jeopardize the patent application. ...
gatorback's user avatar
  • 711
0 votes
1 answer
41 views

Pros and Cons of going public with my invention rather than obtaining a patent

Please forgive the cross-post I'm considering making the work I've done on my experimental VTOL aircraft scale model prototype design public in return for sales of code predicting the performance of ...
David Walden's user avatar
0 votes
1 answer
57 views

If i publish my invention before i get a patent do i have a year to get a patent before i lose my rights?

We have a first to file system but as im learning someone can still knock your patent out if they can prove they had and worked on the idea longer. So this seem like it pushed you to disclose early. I ...
DeusIIXII's user avatar
  • 201
0 votes
1 answer
239 views

Patenting a trade secret algorithm

I have two similar questions on how "public use" and "on sale" apply to trade secrets, and how or if trade secrets can be later converted into patents. I've been reading the law here and looking at ...
wjim's user avatar
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