How does publication affect patenting?
If publications or any enabling public disclosure (oral presentation, abstract, poster session, etc.) precedes the filing of a patent application, all foreign patent rights are lost and a one year “grace period” to file a US patent application is initiated effective the date of public disclosure (for more information). Publication or disclosure after patent filing does not affect patenting or patentability, unless such disclosures include other potentially patentable inventions.
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- How does publication affect patenting?