Japón

Estados Unidos de América

Patentes (incluida la protección de variedades vegetales)

[Follow-up question from Japan] According to the US answer, the date of invention in another WTO Member country can be used in the context of application of section 102(g). Does this mean that such an invention is qualified for prior art even if it is neither claimed for a patent in a US patent application nor subjected in an interference proceeding? If so, please explain how this understanding conforms to the text of 102(g) which limits the prior art effect of invention to the one "in this country" (i.e. the United States of America).

The above response to the follow up question to questions 9 and 10 is also applicable to this follow up question. Further, note that the Statement for Administrative Action that accompanied the URAA addresses the last issue raised in the follow up. That is, the SAA states: As foreign inventive activity may now be considered in a determination of which inventor was the first to invent, fairness to both U.S. and foreign inventors demands a certain identity of treatment with regard to reliance on inventive activity in the United States and abroad. Consequently, the inability of an inventor to rely on a date of invention in the United States where the invention has been subsequently abandoned, suppressed or concealed the invention under patentability determinations under Section 102(g) should apply equally to the inventor relying on foreign inventive activity. See SAA, Part B(1)(f).