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mightypirate

551 Posts.

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18/04/18

11:46

Post #: 32523346
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Originally posted by poorinvestor ↑

- “I know that the details of a (potential) patent must not be disclosed before the patent is granted (because something publicly known is hard to protect with a patent etc)” -

My understanding of the patent process is (if there are any patent attorneys out there please correct):

(1) An “inventor” submits a Patent Application to the Patent Office. This establishes a “Priority Date” for the Patent. Once the Application has been submitted the “invention” can be made public as much as the inventor (or their “Assignee”) wishes without compromising the validity of the patent;

(2) If the invention is in the public domain prior to submission of the Application the patent is invalid;

(3) The Application itself becomes public in any case as a consequence of the Patent Office publishing the Application well prior to (about 18 months after submission) the patent being granted;

(4) The Application is “examined” by the Patent Office (including whether or not there has been “prior publication”) and if all required criteria are met the patent is granted (about 4 years after Application). The period for which the Patent is in force dates from the Priority Date;

(5) Prior publication includes presentation of relevant material at a “public” scientific conference prior to applying for the patent. For validity of any subsequent patents a scientific conference that includes material that is potentially patentable would require that all persons present were under an arrangement of contractual confidentiality. The conference would then not constitute prior publication.

I would assume (and hope) that ‘5’ above applies to the CDY Midkine Symposia.

poorinvestor

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I think you are right, thanks for that. I guess I confused trademark and patent laws, or my head was elsewhere. Seems like I need to read through some things again.

Regarding the "recently filed patent application" that Cellmid announced, does that mean there is another patent application to be filed soon? Because if information can be published once the application has been filed, there would be no need to keep it confidential until after the symposium. So will we see multiple patents issued?

Last edited by mightypirate: 18/04/18

CDY Price at posting: 42.5¢ Sentiment: Buy Disclosure: Held
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