More blowback has been received concerning the writer’s position in an
earlier paper that the “state of the art” as of the filing date minimizes the value of the grace period for the inventor’s pre-filing date publications.
The pdf version of this note includes the new blowback, a detailed and thoughtful presentation by an informed and respected member of the intellectual property community; it also includes the writer’s initial paper as well as further emails.
Featured Topic in the Westlaw Monograph: The topic of the limitations to the grace period is one of the featured topics in a new Westlaw monograph under publication. Harold C. Wegner, FIRST TO FILE PATENT DRAFTING: A PRACTITIONER’S GUIDE; see particularly §§ 3:2 to 3:7, Grace Period of Apparent but Realistically Minor Value (Thomson Reuters forthcoming 2016).