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Yes, if their application pre-dated your public disclosure. Another possibility is the person's product came after yours but the examiner does not find your device or anything else like it. A patent might be granted. In your defense, if sued for infringement, you would have your documentation that the information was public before the other person's filing ...


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Simply put, yes. A little more precisely, there may be existing patents that the product infringes. Either the product as a whole (a personal cooling unit) or parts of the product (like the straps or the cooling mechanism or the power supply) or the way you make the product (for example, a patent on some particular way of assembling the device). The ...


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Update #2: Under the scenario described above, when Company B filed post-AIA, "first inventor to file" a prior, published patent application from Company A is not prior art under 102(B)(2)(b) from what I gather: "(2) DISCLOSURES APPEARING IN APPLICATIONS AND PATENTS.—A disclosure shall not be prior art to a claimed invention under subsection (a)(2) if— (B) ...


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No. A design patent application cannot claim priority to a provisional patent application, per 35 USC § 172: The right of priority provided for by subsections (a) through (d) of section 119 of this title and the time specified in section 102(d) shall be six months in the case of designs. The right of priority provided for by section 119(e) of this title [...


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First to File doesn't have any impact. Magnetic Closures was about inequitable conduct, effectively deliberately lying to the Patent Office about the inventorship of an application. Inequitable conduct can invalidate a patent. This rule hasn't changed. Another part of the AIA did impact inventorship, and made correction of inventorship simpler: http://...


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