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postyle

03/14/14 12:54 PM

#16565 RE: rolvram #16564

<< The prior art was Worlds themselves. They practiced on the invention after the filed the provisional. >>

Yes, that is obvious. We all know that.

What some people do not know is that in the U.S., to preserve patent rights, a patent application may be filed up to one year after the invention's first public disclosure. Those rights are considered lost after one year.

This is patent law 101. To receive a patent, an invention must be new and cannot have been publicly known before. The exception is that the inventor has one year. One year. This is known as the "novelty requirement".

Go re-read the MSJ order and see what the Court has to say about public knowledge of World's inventions and that one year novelty requirement.