Public written disclosure (publication) of how to make and how to use an invention before the filing date of a priority patent application precludes the subsequent filing of a PCT patent application that could issue as a national patent in countries other than the U.S. or the Philippines. Of course, the disclosure must have been complete enough to enable a person skilled in the art to practice the invention. If the invention does not enter the "prior art" prior to the filing date of a priority patent application, then a PCT patent application must be filed within the 1 year period (provided by the Paris Convention) following the filing date of the (earliest) priority patent application, otherwise, a PCT patent application may not be filed on the invention.

The position of the USPTO on this issue is described in the following section(s) of the Manual of Patent Examining Procedure (MPEP):

MPEP 1878.01(a) - Prior Art Under Chapter II
MPEP 1801 - Basic Patent Cooperation Treaty (PCT) Principles


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