That is very reassuring to think that the Australian patents Office see that Novogen's patent application was both novel and inventive with respect to prior art RBx, but as you say other contracting states may see it different, so we have a little while yet before we are out of the woods completely, because until they are published MEIP would not even be aware of what is in the new application for the patent, so they cannot fight against it until they know what's in it.
Patent applications are generally published 18 months after the earliest priority date of the application. Prior to that publication the application is confidential to the patent office. After publication, depending upon local rules, certain parts of the application file may remain confidential, but it is common for all communications between an Applicant (or his agent) and the patent office to be publicly available. The publication of a patent application marks the date at which it is publicly available and therefore at which it forms full prior art for other patent applications worldwide.
Generally speaking, larger businesses typically want a patent application published unless there are reasons for secrecy. Below are some typical reasons to have a patent application published:
Required by U.S. Law (if Filing Foreign). If you have filed or intend to file in a foreign country or an international patent application, then you are required under U.S. law to have your patent application published.
Provisional Rights. If a patent is granted, you may receive a reasonable royalty for infringing activity occurring from the date of publication of the patent application to the issue date of the patent. See 35 U.S.C. 154(d).
Competitors. Publication of a patent application places competitors on notice that you are developing technology in a certain area.
Searches. Your published patent application will show up in patent searches by USPTO Examiners, competitors and others attempting to patent similar technologies.
Prior Art. The published patent application can be used by the U.S. Patent Office to reject third-party patent applications for related technology regardless if your patent application is later abandoned or granted as a patent.
Recognition. Some inventors want recognition for their work and publication of a patent application ensures that their technology will be fully disclosed with credit made to them even if a patent is not granted.
NRT Price at posting:
16.0¢ Sentiment: Buy Disclosure: Held