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Two questions regarding what is a prior art for a patent?

Two questions regarding what is a prior art for a patent?
« on: March 22, 2017, 07:24:03 AM »
I have two questions regarding what is a prior art:
1- If a conference paper is submitted to the conference (e.g., for being reviewed) before a provisional patent is filed but published (and the conference is held) after the filing, is it considered a prior art and can it be used to void the patent?
1- Suppose that two different persons want to patent the same idea. One has had the idea before the other (and can prove it) but didn't publicize it, while the other filed the patent sooner. Which one's patent is accepted?
« Last Edit: March 22, 2017, 08:17:56 AM by Brad »

Brad

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Re: Two questions regarding what is a prior art for a patent?
« Reply #1 on: March 22, 2017, 08:19:33 AM »
1)  The conference paper would be "prior art" the date it was put online or made public (usually a few months before the conference)

2)  The United States is now a "First To File" country meaning that whoever files the patent first wins.

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Re: Two questions regarding what is a prior art for a patent?
« Reply #2 on: March 22, 2017, 09:59:12 AM »
Thanks for the info.