Antedating a reference datingdirectaffinity com
Sounds great and it is great but there is no such thing as a free lunch.
The "applications" in all those places will die by a deadline, unless an opt in (and pay money) occurs in each place you ultimately really want to continue.
Reasonable diligence for antedating a prior art reference requires only that the diligence be reasonably continuous, not that attention be continuous throughout the critical period in order to be reasonable.
Here, for example, a few periods of unexplained inactivity were not found to automatically vanquish the patentee’s claim of reasonable diligence.
While the patentee stated that the inventor was generally busy and identified the dates he was able to devote to the application, there were several days in which the patentee was unable to identify any specific conflict that would have prevented the inventor from working on preparing the application for filing. US National Stage claiming priority to the PCT Application filed on Mar. Reference was cited in the course of prosecution of the US National Stage entry.Ifit were a national stage so-called bypass application of the PCT then it would be a new application getting priority from the PCT application. MPEP 1896 It does not included anything indicating that 102(a) is viewed differently.This is Part V of my series on the relevance of the invention date in patent prosecution. This part discusses results of my survey on patent practitioner strategies in choosing whether to swear behind prior art.As part of my 2009 survey, I asked a final question that focused on the relative strategic merits of (1) asserting first-inventor rights to negate putative prior art references or (2) distinguishing the scope of the invention from the disclosures found in the references.