Assumptions
a. A and B racing to patent, B would rather nobody gets the patent than A get it.
b. Assumes no way to contract around this.
2. Can you be behind in race to conceive and still create prior art?
(A) 102(a) no good, need all elements
(B) 102(b): What if B can’t RTP but puts most theory in article, not fully enabling. A printed publication under 102(b) might combine with 103 to make A’s invention obvious, starting a 1 year period for A. If A files w/in a year, no dice for B. If more than a year passes, A can argue that it wasn’t really obvious because B couldn’t RTP.
3. B is second to conceive, first to RTP, thinks A is slow and wants prior art to start the one year 102(b) clock w/o A realizing that it is running.
a. If A were diligent, etc., A gets it under 102(g). But what if A is lazy?
b. If B publishes, B can still patent w/in the year.
c. B could get in under 102(b)/103 w/o A even noticing, even if A has already conceived.
(A) B could find one customer to sell to.
(B) Secret Disclosure: B publishes article in obscure German periodical, 3 years later tries to patent. Will reveal publication only if it looks like she won’t win so nobody gets it.
We have located some similar legal questions and legal question categories. Check out these challenging questions that askquestions about Evidence and are similar to What are the Assumptions for Strategic Disclosure?. Also, we have included a list of some of our more popular legal question categories. These categories are based on what everyone is asking and answering.
What's Your Answer to "What are the Assumptions for Strategic Disclosure?"