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3 votes
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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 ...
George White's user avatar
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3 votes
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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 ...
George White's user avatar
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3 votes
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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 ...
George White's user avatar
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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 ...
George White's user avatar
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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 ...
SGN's user avatar
  • 96
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 ...
Pete H's user avatar
  • 21
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 ...
Eric S's user avatar
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2 votes
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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 ...
George White's user avatar
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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-...
George White's user avatar
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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 ...
picibucor's user avatar
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2 votes
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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-...
George White's user avatar
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2 votes
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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 ...
the Europeist's user avatar
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 ...
DexPatent-Caroline Charumathy's user avatar
1 vote
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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 ...
George White's user avatar
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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 ...
George White's user avatar
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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 ...
George White's user avatar
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1 vote
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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 ...
George White's user avatar
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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 ...
Eric S's user avatar
  • 11.2k
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 ...
George White's user avatar
  • 29.1k
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 ...
Maca's user avatar
  • 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. ...
Eric S's user avatar
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1 vote
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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 ...
chempatent1981's user avatar
1 vote
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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 ...
Maca's user avatar
  • 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 ...
Maca's user avatar
  • 6,178
1 vote
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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 ...
sdot's user avatar
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