From: Bob Higgins
Jones, I believe this is wrong on a couple of counts. First, there is no
"non-publication rule", there is the "publication rule" which says that 18
months after the priority date (usually the date of application), the patent
application is published by the USPTO. Once filed, there is nothing to
prevent the applicant from publishing.
Bob - Well, it can be phrased either way - but the applicant can chose
whether to publish or not. The overwhelming majority chose not to publish,
since the disadvantages usually outweigh any possible advantage. Thus, we
could presently be within the non-publication period of 18 months for Rossi.
which is the main point.
Rossi (with or without IH) may indeed have filed a better drafted
application than the one which we see.
Jones
