RE: WO2023052762 21.11.2023 Change - representative22 Nov 2023 13:00
"I would presume they changed representative as they are not willing to throw in the towel on the patent."
Yes. That would be my presumption.
"So perhaps your pointing out of this mathematical process that was not reviewed can still hold a patent?"
No. Assuming the Examiner accepts that they are operating a Mathematical Method and they are unable to argue a case around that one it will be another reason for rejection, both in the UK and, likely, under the PCT. Other contracting states have similar exclusions.
"Let's discuss what the patent actually means? My belief is that this protects the idea, this idea has been published and if the application fails then the idea can be used freely by others 🤔 looking at it from another aspect is that the actual algorithms were not published and remain a secret should the application fail these will still remain a secret and therefore someone from let's say China can come up with the same idea but they still have to do the R&D to solve the problem which still remains our golden ticket 👍"
The application as filed needs to be a complete disclosure for what is being claimed. If the algorithms are required for that particular application to be implemented then they would have to have been disclosed as well. Otherwise as you seem to be hinting the company may, does, have other special sauce that has not yet been disclosed by the filing of an application. You mentioned the second application and as I have stated, unless it is withdrawn, it will be published 18 months after the application date and again be subject to exploitation by others if not granted.
In terms of keeping your IP a secret and others copying it or independently coming up with the same idea a patent application withdrawn before publication would not represent a disclosure. As such if someone did come up with the same idea and try to patent it themselves then you have a certified record that the idea was already known and use that to prevent the grant of their patent. This is why the applicants should possibly consider withdrawing their most recently filed application.
There is another twist. The first application has a priority, filing, date of 29 September 2021. Sorry I'm just checking but this will likely not apply. It is possible to file later applications that may depend in part on that original one and claim priority from it for up to 12 (18?) months later. The most recent application was filed 12 July 2023 so they may or will have missed that window of opportunity.
It is still important to realise, worry, this. Another mistake often made by applicants is to file an application that relies in some way on a previous one without claiming priority or being too late and blow up their own application. Happens all the time.
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