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Author Topic: What Defines, "Public Disclosure" ?  (Read 942 times)

Jp

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What Defines, "Public Disclosure" ?
« on: 01-20-11 at 06:53 am »

What defines Public Disclosure, . .

If I say, Oh yeah I saw one of those somewhere, . . and then I recall yes I saw a small cannon that shot out fishing line, used by someone on the beach, and so did a hindered other people. (It's use is to cast the line out very far with ease.)

Then, I find out that there isn't a patent, what affect does the public disclosure that I have experienced have, on intellectual property rights?


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"The proposed Patent Reform Act of 2007, however, is so consistently and unmistakably biased in favor of large corporations that the purported motivation for the proposed change to a First-to-File system must be viewed with deep suspicion."

Isaac

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Re: What Defines, "Public Disclosure" ?
« Reply #1 on: 01-20-11 at 07:21 am »

What defines Public Disclosure, . .

In the US, the short answer is 35 USC 102(a) and 102(b) and the case law surrounding those law provisions.

Quote
If I say, Oh yeah I saw one of those somewhere, . . and then I recall yes I saw a small cannon that shot out fishing line, used by someone on the beach, and so did a hindered other people. (It's use is to cast the line out very far with ease.)

Then, I find out that there isn't a patent, what affect does the public disclosure that I have experienced have, on intellectual property rights?

Even if you and 100 other people saw this in the US, the demonstration would not affect the inventor's rights to get a patent if the demonstration was carried out by the inventor or with knowledge provided by the inventor until it became a 102(b) bar one year later.  But your experience would be prior art against someone else who came up with the invention independently after the demonstration.

A public demonstration outside the US does not affect an inventors rights in this country unless someone describes it in a publication.

In countries without a grace period and with absolute novelty requirements, which turns out to be nearly all of them, public demonstrations by anyone (with a few exceptions) are prior art against all future filings.
« Last Edit: 01-20-11 at 08:22 am by Isaac »
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Isaac

bartmans

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Re: What Defines, "Public Disclosure" ?
« Reply #2 on: 01-26-11 at 06:22 am »

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In countries without a grace period and with absolute novelty requirements, which turns out to be nearly all of them, public demonstrations by anyone (with a few exceptions) are prior art against all future filings.

Basically the quote is correct. However in European opposition proceedings or in national court proceedings the requirements for proving such a 'prior public disclosure' are set quite high: one should provide all the circumstances of the prior public disclosure (what, who, where, when, etc.) and one should provide proof 'up to the hilt', i.e. beyond reasonable doubt, that the invention was indeed disclosed. 

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