3
votes
Accepted
Most countries require that patent applications be filed before public disclosure of an invention: does it include US provisional patent applications?
Absolutely - that is the main reason provisional applications were created. When the US signed the treaty that changed term from 17 years after grant to 20 years after filing the US saw that a person ...
- 28.7k
3
votes
Accepted
Do I have to disclose the infringement in the Information Disclosure Statement form?
If you file the non-provisional within the 1 year time after the provisional, then anything well described in the provisonal gets the date of the provisional. If the "infringing" product is based ...
- 28.7k
3
votes
Accepted
Will there be any downside if I show my patent claims to my infringer before publication?
The letter from the lawyer is very logical and doesn't at all hint that they believe they are infringing anything. It just says that they can't evaluate your assertion that they are infringing since ...
- 28.7k
3
votes
Mitigating possible patent exposure
If you believe you have publicly disclosed your invention or that it may become publicly disclosed, you should probably file a provisional patent application. Note this is different than what the ...
- 96
3
votes
Would the demonstration of an invention be considered public disclosure
It is very tricky, depends on the details, and has likely changed after the AIA law changed the law wording. Most of the court cases relate to the pre-AIA law wording.
This is the kind of thing they ...
- 28.7k
2
votes
Would the demonstration of an invention be considered public disclosure
This is tricky. If your demonstration doesn't disclose any information about how the invention actually works then you might be okay. The important point is to avoid disclosing anything that might end ...
- 10.9k
2
votes
Accepted
Is it a good idea to publicly release an idea after filling PCT application but before ISR is published?
To put the contents of your application into the prior art for other’s future applications as early as possible, you could publish or publicly disclose the contents the day after you file.
That isn’t ...
- 28.7k
2
votes
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)?
The Paris Convention provides reciprocity among signatories to credit filings in one county as a priority filing in their country if done within a year. There are constraints, like it is the first-...
- 28.7k
2
votes
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)?
Countries definitely permitting a patent application within one year after the corresponding U.S. patent application:
WTO-member states. see: link to members
Countries, which signed the Paris ...
- 456
2
votes
Accepted
Does the time in the day of a public disclosure matter when submitting a patent application to the USPTO?
No, only the date matters. I found a ruling from the EPO that explains this based on time zones and other complications.
https://www.pinsentmasons.com/out-law/news/prior-disclosures-do-not-undermine-...
- 28.7k
2
votes
Would the demonstration of an invention be considered public disclosure
Careful here. See Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., U.S., No. 17-1229 (Jan 22, 2019). Even under NDA if the demo was an offer for sale, you can be bared. You have a one ...
- 21
2
votes
Accepted
When exactly your own disclosures will be used as prior art against you?
There are no continuations in part at the EPO. At the EPO you only have patent applications, and divisionals of patent applications. Divisionals have the same disclosure of the parent application or a ...
- 2,274
1
vote
Would the demonstration of an invention be considered public disclosure
Yes obviously. If an inventor or an invention owner demonstrates his invention to public anywhere in an exhibition or expo, it is considered as a public disclosure but in order to obtain a patent for ...
1
vote
Accepted
US provisional patent application considered disclosure by the Indian patent office
No — since it was not published. But you can’t use it to get a priority date for the patent in India (more than a year delay) unless there is a provision in Indian law to restore priority or it was ...
- 28.7k
1
vote
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?
Yes - as of the 2012 AIA law the U.S. has joined the rest of the world to be a first-to-file nation. Your quiet (unpublished) work will have zero effect on their patent application or any patent that ...
- 28.7k
1
vote
How do others' publications during the grace period hinder patentability?
As interpreted by the USPTO the only thing that can't be used against you due to the "grace" period is pretty much exactly what you published. If your application has new material not present in the ...
- 28.7k
1
vote
Accepted
Is there such a thing as a 'common law patent'?
No
There may be common law trademarks, but patents are a grant of a time-limited monopoly from a government. A fairly radical U.S. patent law (in my opinion) was signed in 2012 with various aspects ...
- 28.7k
1
vote
Doesn't the publication of the Pharmaceutical Care Practices in 1998 and 2004 constitute public disclosure?
As I understand it, publication of a book outlining the details of what is claimed in the patent more than a year prior to the patent being applied for constitutes public disclosure of the information ...
- 11
1
vote
Can I tell about idea details before posting a patent?
You must avoid public disclosure of your idea before filing a patent application. The usual method of doing this when talking to potential investors is a confidentiality agreement. Have a ...
- 10.9k
1
vote
If I freely described, in words and pictures, to individual companies(not "publicly") could I patent it, if no prior art?
If the first outside presentation was more than a year ago and you didn't at least say - "this is my confidential information, please keep it to yourselves", it would most likely be considered, in the ...
- 28.7k
1
vote
Labeling Patent Applications to avoid disclosure
For patent attorneys and agents who you have engaged, any disclosures you make to them are confidential and privileged. They would not be able to make any of the matter public (at the risk of losing ...
- 6,178
1
vote
Pros and Cons of going public with my invention rather than obtaining a patent
To assess the pros and cons of going with
a patent requires you to understand the economics of your market. I'm going to assume you are thinking people will want to build experimental VTOL aircraft. ...
- 10.9k
1
vote
Accepted
Are private discussions valid prior art?
From EPO perspective, your question boils down to "when are private discussions considered public"? In general, the information is regarded as having been made public if even just one single member of ...
- 1,292
1
vote
Accepted
If i publish my invention before i get a patent do i have a year to get a patent before i lose my rights?
Disclosures made by the inventor less than 1 year before the effective filing date is not prior art in the US (35 USC § 102(b)(1)). Accordingly, as long as the effective filing date (which can be the ...
- 6,178
1
vote
Shared my work for analysis before applying for a patent?
There are two issues here:
Is your disclosure prior art?
Is there a reasonable risk of theft?
Is your disclosure prior art?
Maybe.
If you have made your invention available to the public, your ...
- 6,178
1
vote
Accepted
Is a rejected patent application considered prior art under "first to file"?
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 ...
- 71
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