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For the EPO (applies to some other jurisdictions with similar laws): If your invention was published more than 6 months prior to your filing, your application won't survive. This might be a dark net database for example, but tbh I would expect it to be very difficult for anyone to prove this publication and it's date. So the risk seems small. Derivation ...


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A partial answer is that the derivation proceeding you mention is a process within the USPTO. Establishing that an earlier U.S. filing was derived from your work would only help you with the USPTO and not likely remove an earlier filing as prior art in the eyes of any other patent office. You can file a PCT application since the PCT itself does not make a ...


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No - except the part where this would cripple your countries patent system for a long time if it ever came out. Potentially all patents ever filed in your country serving as priority could be invalid in other countries. Your patent publications might not be accepted as prior art anymore. So overall, I don't think it's a good idea strategically. But no, afaik ...


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