Recently, this writer published a paper showing that the grace period may fail to save an inventor who publishes before filing.  This is because the state of the art to measure obviousness in Section 103 is now determined as of the filing date (and not the invention date).

BlowbackA serious observer questions this analysis.  The pdf version of this note includes a summary of this writer’s position, together with the arguments in toto of the serious observer, as well as a copy of the author’s original paper.

stateoftheartsept22

Regards,
Hal