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A public disclosure is any non-confidential communication which an inventor or invention owner makes to one or more members of the public, revealing the existence of the invention and enabling an appropriately experienced individual ("person having ordinary skill in the art") to reproduce the invention. A public disclosure may be any form of ...
An invention disclosure, or invention disclosure report, is a confidential document written by a scientist or engineer for use by a company's patent department, or by an external patent attorney, to determine whether patent protection should be sought for the described invention. [1] It may follow a standardized form established within a ...
The temporary monopoly on the patented invention is regarded as a pay-off for disclosing the information to the public. [citation needed] In order to obtain a patent, the inventor must disclose the invention, so that others will be able to both make and use the invention. Often, an invention will be improved after filing of the patent ...
A patent disclosure "enables" the invention, if it allows a person of ordinary skill in the art to practice the invention without undue experimentation. Patents may fail this test if they claim more than they teach: for example, a patent that claims all light bulbs but explains only how to make a particular type of light bulb.
Article 83 of the European Patent Convention (EPC) [1] relates to the disclosure of the invention under the European Patent Convention.This legal provision prescribes that a European patent application must disclose the invention (which is the subject of the European patent application) in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
The publication of the invention is mandatory to get a patent. Keeping the same invention as a trade secret rather than disclosing it in a patent publication, for some inventions, could prove valuable well beyond the limited time of any patent term but at the risk of unpermitted disclosure or congenial invention by a third party.
The Invention Secrecy Act of 1951 (Pub. L. 82–256, 66 Stat. 3, enacted February 1, 1952, codified at 35 U.S.C. ch. 17) is a body of United States federal law designed to prevent disclosure of new inventions and technologies that, in the opinion of selected federal agencies, present an alleged threat to the economic stability or national security of the United States.
One notable example of this struggle is the positions of Justice Douglas in Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp. [7] in 1950, where he opined that to deserve a patent, an invention "had to serve the end of science—to push back the frontiers of chemistry, physics, and the like"; while two years prior in Funk Bros ...