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Read me first!

Read me first!

Submitted by eTISC on

Confidential information should not be disclosed in eTISC, including information related to inventions for which a patent application may be (but has not yet been) filed.

Public disclosure of an invention before a patent application has been filed may result in a patent for this invention being refused or invalidated.

Comments

Thu, 05/12/2019 - 19:17 #1567

Eg: If they come to Argentina and could see the technologies and medical advanced treatments one could elucidate Soble IPs, patent Industrial, Brand extensions, adequate Production, Training, view of the market and hospital needs ye good management faramaco, supply , reaching the cionciencia of these scientific results raises the need to products and research and development in the same country, making industrial licensing and production to supply them.

Thu, 05/12/2019 - 19:17 #1568

Certain countries provide for a "grace period" during which public disclosure of an invention may not affect the validity of a patent application under certain circumstances (e.g. if the disclosure was made by or with the consent of the applicant or patentee).

However, this grace period is not available all countries and is not unlimited in time even in those countries that provide for it.

As a result, public disclosure of an invention before a patent application is filed can: (i) prevent an applicant from obtaining patent protection for their claimed invention in many countries; and (ii) require an applicant to file a patent application before the expiry of the grace period in those countries that provide for such a grace period.

IP Australia provides a good summary of the grace period currently provided for in Australia, including how it works and why applicants shouldn't rely on it as part of their patenting strategy.

Thu, 05/12/2019 - 19:17 #1569

Dear Jamilu,

The e-TISC team appreciates your input. You are right.

Nevertheless, could you please explain "some exceptions to this position" as you stated above by giving some examples?

Many thanks in advance and hope to read from you soon.

Kind regards,

Elangi

 

Thu, 05/12/2019 - 19:17 #1570

There may be exceptions to this position.

If you're working on an invention and to get to the next level, you take on consultants to work on some critical aspect of the invention, which will help determine the extent of claims you can have over the invention, I do not think that such "disclosure" particularly if governed by an agreement will be deemed "public disclosure" even though it may appear to have been disclosed to a third party prior to filing for a patent.

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