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If you were to file another application claiming priority from the first patent application, and you were to further add new embodiments in that another application, then the publication of the white paper will be prior art against those new embodiments in countries/regions where you do not have a grace period. This means that claims directed to those new ...


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I think you are mistaken about basic premise of patent application prosecution timeline. Australia, like any other PCT member countries or Paris Convention member countries, adheres to one year time counting from the date an application was first presented to patent office of any member country (also known as priority date) and not to date of publication of ...


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An answer to the question in your title is at How do others' publications during the grace period hinder patentability? As interpreted by the USPTO the provisions for a grace period in the AIA protects the content of the inventor's publications (during the 12 month period) from being used against them on a very literal basis. Anything from a third party ...


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I'll try to clarify. Under the AIA first to file system, the effective filing date of the pending application is important for figuring out what is in the prior art. The law (35 USC 102) is now set up such that it broadly defines the class of prior art and then carves out specific exceptions that can be used to disqualify references (publications or patent ...


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In the U.S. you need to include the "best mode" embodiment of your invention. You might be able to narrowly claim A such that a disclosure sufficient to enable A, alone, does not need to mention B as part of a best mode for A. If you had not yet developed B you could patent A and then develop a trade-secret B that made A more efficient. Since you already ...


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Based on feedback, i'm editing my answer. You are obligated to disclose your invention's best embodiment in the patent application. Thus if A isn't really sufficient without B I'm guessing you absolutely need to disclose both in your patent application. If however A is quite a reasonable invention by itself, and B is an independent invention (even if it ...


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Especially in light of the fact that the inventor, if enablement is taken into account, must be in full possession of the exact recipe for at least one embodiment. Not necessarily. An example of the invention can be "prophetic", describing predicted results as opposed to something the inventor actually did. The case Gould v. Quigg was over a ...


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It is possible to file a patent application AND retain the ability to treat it as a trade secret. When you file, you need to file a non-publication request. There are downsides in terms of foreign patent filings in doing so, but it also means that the patent application is never published, and remains secret, until the patent actually issues. Patents take ...


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