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[patatty30]

In short, is it the actual filing date or the priority date of a PCT or foreign app that matters with respect to an intervening publication (before filing date, after priority date)?

I am not that familiar with non-US practice and want to know about the effects of publication (i.e. of a US nonprov. or US CIP) before filing a PCT or foreign application.

Can the publication of a US nonprov. or US CIP be used against a PCT or foreign filing even if the PCT or foreign filing claims priority to the application on which the publication is based and thus has a priority date that is before the publication date?

i.e.
chronological sequence of events:
1) US CIP filed in US
2) US CIP publishes (publishes quickly b/c 18 mos. could already be up from the earliest app. in the chain at the time of filing the CIP)
3) PCT app. filed within 1 year of US CIP in (1) above, claiming priority to US CIP with respect to new matter in the CIP not in the earlier apps

Is this a problem for PCT because the new matter was published when CIP published?
Or, is this okay because PCT claims priority to the CIP?

In short, is it the actual filing date or the priority date of a PCT or foreign app that matters with respect to an intervening publication (before filing date, after priority date)?

Thank You!

[e93]

I can only respond with respect to Europe. Since the PCT can be used in an abundance of countries/regions, it may be different elsewhere.

Since US CIP is the first application of the new subject matter in US CIP, the PCT claim to priority of this subject matter in US CIP is valid. Hence, the publication of US CIP prior to the filing of PCT is irrelevant with respect to the new subject matter in US CIP. Keep in mind, though, that subject matter which is not new in US CIP, i.e. part of prior applications, are part of the prior art for PCT.

Hope my comments help.