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by monochromatic 2860 days ago
This is basically the result of a poorly drafted statute. More discussion (and less polemic) here: https://patentlyo.com/patent/2018/07/diagnostics-provisional...
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The Ariosa decision involves whether an invention could be said to be publicly disclosed on the date of a provisional patent application. A provisional patent application is unpublished, although, if it ultimately supports a patent claim, it is made available to public. Details of the court case are better explained by Dennis Crouch in the cited article.