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   My Own Prior Art
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   Author  Topic: My Own Prior Art  (Read 2678 times)
sans
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My Own Prior Art
« Reply #5 on: May 23rd, 2007, 7:47am »
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Would a PhD thesis submitted 2 years back in a  foreign institute by one of the inventors come in the way of obtaining a US patent? The inventor now resides in US and would like to file an application with a co-inventor from US, based on the matter disclosed in his thesis . The PhD thesis is not published anywhere, but is available as a hard copy in the library of the institute.  
 
thanks in advance  
 
Sans
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Isaac
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Re: My Own Prior Art
« Reply #6 on: May 24th, 2007, 2:09pm »
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on May 23rd, 2007, 7:47am, sans wrote:
Would a PhD thesis submitted 2 years back in a  foreign institute by one of the inventors come in the way of obtaining a US patent? The inventor now resides in US and would like to file an application with a co-inventor from US, based on the matter disclosed in his thesis . The PhD thesis is not published anywhere, but is available as a hard copy in the library of the institute.

 
If the thesis is indexed and can be found for reading on a visit the library then it can be a publication under 35 USC 102 even if the library has the only existing copy.  There are some facts to sort out, but the thesis is potentially a problem here in the US.
 
 
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Isaac
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