Examples - Non-Written Disclosure

General. The following hypothetical examples teach this concept:

Hypothetical Example No. 1. Wilbur gave an oral presentation on his invention before the relevant date of an international patent application he filed on it. In the presentation, Wilbur explained "how to make" and "how to use" his invention to the public. The date of his presentation was made available to the public by means of a citation in a technical paper that was published after the relevant date. The non-written disclosure was deemed not to destroy the novelty of the invention but the fact that such a non-written disclosure had occurred was noted in the International Preliminary Examination Report. When Wilbur entered the national stage in the EPO and in the USPTO, the oral presentation was deemed to destroy novelty in the EPO (because the disclosure occurred before the relevant date) and not in the USPTO (because the disclosure occurred after Wilbur's date of invention).

Hypothetical Example No. 2. Orville used his completed invention in public in the U.S. thirteen months before the relevant date of an international patent application he filed on it. The date of this public use was made available to the public by means of a citation in a technical paper that was published after the relevant date. The non-written disclosure was deemed not to destroy the novelty of the invention but the fact that such a non-written disclosure had occurred was noted in the International Preliminary Examination Report. When Orville entered the national stage in the EPO and in the USPTO, the oral presentation was deemed to destroy novelty both in the EPO (because the public use occurred before the relevant date) and in the USPTO (because the non-experimental public use occurred more than twelve months before the effective filing date of the U.S. national application).