Examples - Published Anywhere

General. The following hypothetical examples teach this concept:

Hypothetical Example No. 1. Nikola delivers a talk that enables a skilled person to practice his invention in France and distributes copies of his talk. One day later, John independently invents the same invention and files a PCT patent application on it. The International Preliminary Examining Authority (IPEA) informs John that his invention lacks novelty under PCT Article 33(2) using a copy of Nikola's French talk as a reference.

Hypothetical Example No. 2. An interview of Orville about his widget is published as an article in a British newspaper. He then files a PCT patent application on his invention. Abraham independently invents the same widget and files a PCT patent application on it after Orville's newspaper article reached its readers and just before Orville does. The IPEA informs both Abraham and Orville that their inventions lack novelty under PCT Article 33(2).

Hypothetical Example No. 3. Dorothea submits a paper on her invention to a technical journal for peer review and publication. The paper is published, and just after it reaches its readers at one place in the world, she files a PCT patent application on the invention. The IPEA informs Dorothea that her invention lacks novelty.

Hypothetical Example No. 4. Thomas conceived his invention in November and immediately began to diligently reduce it to practice, which occurs in January. In December, Wilbur publishes an article about the same invention that had been independently invented by Thomas. In February, Thomas files a PCT patent application on his invention. Thomas is informed that his invention lacks novelty.

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