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1

Patent Questions and Advice / Re: Is the date of prior art being considered to determine novelty?

« Last post by Brad on January 16, 2021, 11:30:00 AM »

Oh I see, thanks but does it make a difference if the found art is also mine?
Can I cancel the application that was published in March 2020 and would that make its addition to prior art at the point of its publication or at the point of its filing by me?

That makes it more complicated and you would have to carefully consider the law but in general if the publication was after your filing date or within 12 months of your filing date you may be okay.  https://www.law.cornell.edu/uscode/text/35/102

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Patent Questions and Advice / Re: Is the date of prior art being considered to determine novelty?

« Last post by iper on January 16, 2021, 09:41:12 AM »

The patent application that published in March 2020 was filed before that so the examiner will look at the filing date which was before yours.

Oh I see, thanks but does it make a difference if the found art is also mine?
Can I cancel the application that was published in March 2020 and would that make its addition to prior art at the point of its publication or at the point of its filing by me?

3

Patent Questions and Advice / Re: Is the date of prior art being considered to determine novelty?

« Last post by Brad on January 16, 2021, 08:54:50 AM »

The patent application that published in March 2020 was filed before that so the examiner will look at the filing date which was before yours.

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Patent Questions and Advice / Re: Overcoming prior art in patent

« Last post by Brad on January 16, 2021, 08:53:39 AM »

If it is shown clearly in your figures you can point that out to the examiner as support for amending your claims.

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Patent Questions and Advice / Is the date of prior art being considered to determine novelty?

« Last post by iper on January 16, 2021, 05:45:20 AM »

Hello!

Let's say I apply for a patent on January 2020.
The examination takes place on June 2020 and reveals that a published prior art exists and it was published on March 2020.

Would that mean that I can still patent my invention given that my filing was earlier than the publication of the prior art found?

Or since a prior art has been found, and regardless of its publication date, I will not be able to patent my invention?

Thanks!

6

Patent Questions and Advice / Overcoming prior art in patent

« Last post by iper on January 15, 2021, 10:02:32 AM »

Hello!

I have applied for a patent for an invention that examination revealed something similar. I have found a way to distinguish my invention by highlighting a particular feature but this is not explicitly mentioned in my description. What can I do?


Thanks!

7

Patent Questions and Advice / Re: Can I check the titles of the submitted patent applications before publication?

« Last post by Brad on January 13, 2021, 04:56:28 PM »

Not in the US but there may be something in Europe or WIPO that I am not aware of.

In the US unpublished applications (including their titles) are kept secret. 

8

Patent Questions and Advice / Re: Can I claim priority over an application before a PCT publication?

« Last post by Brad on January 13, 2021, 04:55:30 PM »

Does your recently filed National Stage claim priority to your first PCT?

If so, you may be able to claim priority to that and because that already includes a priority claim to the first PCT it may be included naturally through that priority chain. 

It is very rare for one PCT to claim priority to another PCT and I am not even sure if this is possible.  It would require some research.

9

Patent Questions and Advice / Can I check the titles of the submitted patent applications before publication?

« Last post by iper on January 13, 2021, 02:58:26 PM »

Hello

Is there a website to check the titles of the submitted patent applications before they have been published?

Preferably, globally?

Thanks!

10

Patent Questions and Advice / Can I claim priority over an application before a PCT publication?

« Last post by iper on January 13, 2021, 02:50:39 PM »

Hello

I have filed a PCT(1) which has been now published.
Just before the PCT(1) publication, I had filed another national Application(1) for the same invention where I included some additional things.

Is it possible that I now file a new PCT(2) with the additional things and claim priority over the Application(1) that I filed before the PCT publication?

Will my PCT(2) have to be novel over my PCT(1)?

I really want to proceed with patenting my Application(1) and not my PCT(1) so that I include all the details and additional things I want.

Thanks!