k*********r
发帖数: 362 | 1 XYZ filed first nonprovisional on Apr 1 2013, issued on Apr 5 2013.
XYZ wants to file second nonprovisional but does not want the first
nonprovisional to become prior art. What is the latest date XYZ can file the
second nonprovisional? Apr 1 2014 or Apr 5 2014?
some new posting shows this question and the answer does not look right | A*F
发帖数: 2272 | 2 I would say Apr 5 2014.
because his first patent did not become 102(a)(1) prior art until Apr 5,
2013
and he can use 102(b)(2)(C) to disqualify his first patent as 102(a)(2)
prior art
the
【在 k*********r 的大作中提到】
: XYZ filed first nonprovisional on Apr 1 2013, issued on Apr 5 2013.
: XYZ wants to file second nonprovisional but does not want the first
: nonprovisional to become prior art. What is the latest date XYZ can file the
: second nonprovisional? Apr 1 2014 or Apr 5 2014?
: some new posting shows this question and the answer does not look right
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