Secret prior art after America Invents Act: are lost opportunities revived?

International Law Office
December 2013

In its rule-making implementation of AIA, the PTO decided that AIA eliminated one class of prior art known as “secret prior art”, effectively overruling the 1942 case of Metallizing Engineering. The article postulates that if the PTO is correct, then it might be possible for companies to re-think decisions made long ago to forego patent protection, and to decide now to file for a patent (hence the title of “lost opportunities revived”).

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