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Does a public disclosure prior to filing a PCT ap invalidate a US ap filed later?

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Invent1

Junior Member
Hi,

I've web searched for hours on this and still don't know the answer with certainty.

Question 1: Does a public disclosure prior to filing a PCT ap invalidate a US ap filed later?
If not, then...
Question 2: Does a public disclosure prior to filing a PCT ap invalidate a US ap filed 18 months after the PCT filing?

Here's the sequence of events (all in the USA):

May 16, 2008 Dave filed a PPA
March 2009 Dave disclosed his invention in a trade magazine
May 17 2009 Dave’s PPA became abandoned (I assume)
May 18, 2009 Dave filed a PCT ap (which claimed priority of the May 16, 2008 PPA)
Nov 15, 2010 Dave filed a US ap (filed at least 18 months after public disclosure)

The only thing I'm fairly sure of is that Dave can't file for a foreign patent in most countries because the invention was disclosed prior to filing the PCT (because the PPA became abandoned).

Thanks in advance for any direction that can be provided.

John
FL, USA
 


Invent1

Junior Member
May 16, 2009 was a Saturday, therefore I believe May 18, 2009 was OK for filing Dave's RPA that claimed a priority date of his PPA filed May 16, 2008.

(Because due dates falling on a Holiday or a weekend are extended to the next business day.)

So I guess that the sequence of events and dates creates no limitations or invalidation for Dave's patent.

And Dave can file for a foreign patent in most countries even though the invention was disclosed prior to filing the PCT because the disclosure was after filing of his PPA that was not abandoned.

If someone sees any mistakes in my current assessment, they would be appreciated.

Thanks,

John
 

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