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[alconada]

Let's assume that an inventor has disclosed the invention in a scientific journal. From what I know from US patent law, he can still obtain a patent if he files within a year of the publication date of the journal because 102(a) excludes from the prior art anticipations by the inventor made within the 1 prior to filing the application.

However, let's also assume that the invention was a major breakthrough in the filed and that plenty of newspapers and less specialised magazines have dedicated whole pages to talk about the invention in such a detail that all the essential features of the invention are disclosed. This means that, in addition to the publication of the inventor, there are  tenths of other publications by others (journalist etc) which also disclose the invention. Will the inventor still be able to get a patent if he files within a year?

If the question is yes, will a third party which has read the article and hurries to write a patent application have some chance to get a patent if he files before our inventor?
If the date of reduction to practice the invention must be taken into considerarion, which will be the date of reduction to practive for our inventor? The date of the publication or the day the manuscript was submitted to the referees?

Thanks a lot in advance

[mk1023]

http://www.uspto.gov/web/offices/pac/mpep/documents/0700_715_01_c.htm
MPEP 715.01(c) II
II.    < DERIVATION

When the unclaimed subject matter of a patent, application publication, or other publication is applicant's own invention, a rejection>, which is not a statutory bar,< on that patent or publication may be removed by submission of evidence establishing the fact that the patentee, applicant of the published application, or author derived his or her knowledge of the relevant subject matter from applicant. Moreover applicant must further show that he or she made the invention upon which the relevant disclosure in the patent, application publication, or other publication is based. In re Mathews, 408 F.2d 1393, 161 USPQ 276 (CCPA 1969); In re Facius, 408 F.2d 1396, 161 USPQ 294 (CCPA 1969).