N/A If YES, should the secret prior art be combinable with another prior art reference to show lack of inventive step / obviousness? N/A If YES, should the standard for evaluation of lack of inventive step / obviousness be the same as the standard applied to publicly available prior art? N/A c) If the secret prior art is an international application filed designating your jurisdiction: Does this change any of your answers to questions 7(a) and 7(b) above? If YES, please explain. NO Does it matter whether the international application actually enters the national phase in your jurisdiction? If YES, please explain. YES, only patent applications with validity for Denmark should be citable in Denmark. Does the date from which the international application is available as secret prior art depend on the date of national phase entry in your jurisdiction? NO, the effective filing date of the patent application is suitable for use. 8) For the purposes of this question, assume the applicant and inventors of the secret prior art and the applicant and inventors of the later-filed application are the same. a) Should the secret prior art be available against the claims of the later-filed application for novelty-defeating purposes? YES If YES, should the entire contents of the secret prior art available, or only a portion such as the claims? YES, the entire contents If YES, what should the standard for evaluation of novelty be? Should this be the same as the standard applied to publicly available art? YES If YES, should there be any anti-self collision time period during which the secret prior art is not available against the claims of the later-filed application for purposes?
N/A If YES, should the secret prior art be combinable with another prior art reference to show lack of inventive step / obviousness? N/A If YES, should the standard for evaluation of lack of inventive step / obviousness be the same as the standard applied to publicly available prior art? N/A c) If the secret prior art is an international application filed designating your jurisdiction: Does this change any of your answers to questions 7(a) and 7(b) above? If YES, please explain. NO Does it matter whether the international application actually enters the national phase in your jurisdiction? If YES, please explain. YES, only patent applications with validity for Denmark should be citable in Denmark. Does the date from which the international application is available as secret prior art depend on the date of national phase entry in your jurisdiction? NO, the effective filing date of the patent application is suitable for use. 8) For the purposes of this question, assume the applicant and inventors of the secret prior art and the applicant and inventors of the later-filed application are the same. a) Should the secret prior art be available against the claims of the later-filed application for novelty-defeating purposes? YES If YES, should the entire contents of the secret prior art available, or only a portion such as the claims? YES, the entire contents If YES, what should the standard for evaluation of novelty be? Should this be the same as the standard applied to publicly available art? YES If YES, should there be any anti-self collision time period during which the secret prior art is not available against the claims of the later-filed application for purposes?
Answer-DRAFT-Conflicting-applications.docx