Practice question
A competitor independently develops and publicly discloses the identical solution ten months before the applicant files. The competitor did not obtain the information directly or indirectly from the applicant, and no other Section25 category applies. The applicant argues every disclosure within twelve months is automatically harmless. Which is correct?
- The time alone is insufficient; this independent disclosure does not meet the stated source categories of Section25
- Every disclosure in the twelve-month window is exempt regardless of source
- The competitor must first receive a patent before disclosure can be prior art
- Independent origin automatically makes public disclosure secret
- The applicant can remove prior art merely by paying a fee
Legal references
- RA8293 IP Code: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html Sections23–25.
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