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is a partner with Kilpatrick Townsend. Mr. Fredlake is a registered patent attorney who focuses his practice on intellectual property matters, including drafting and prosecuting patent applications, primarily in the chemical and life sciences industry including chemistry, chemical engineering, oil & gas-petrochemicals, medical devices and pharmaceuticals. Mr. Fredlake works with clients on design patents and he also counsels clients on issues regarding the patentability of inventions, patent rights in foreign countries, and the infringement and validity of U.S. patents. For more information please visit his firm profile page.
Although what qualifies as art under the AIA can be distilled to disclosures before a patent application, both pre-AIA and AIA created exceptions for intervening disclosures in Section 102(a)(2). Intervening disclosures are defined by an earlier filing date, but a later publication date and are sometimes referred to as secret prior art. Intervening disclosures apply only to US patents, US publications, and PCT applications. Other types of disclosures, such as disclosures at a Beijing conference in Chinese would need to be considered under Section 102(a)(1). Where is this expansion for intervening disclosures going to come from? Mainly from two primary sources: 1) US patents or publications that have foreign priority claims; and 2) PCT applications published in a language other than English, regardless of foreign priority claim… The potential doubling of available intervening disclosures would create significantly more prior art.