According to the case of Merrell Dow Vs Norton, Where an inventor discloses confidential information revealing the existence of an invention and enabling a skilled person in that field to be able to reproduce that invention, it results to loss of patentability due to that disclosure.
Secondly, Oral disclosure does not anticipate a patent if made in confidence, whether express or implied. (Visx Inc. Vs Nidek Co. Ltd (1999) FSR. Now the tests are a) Can the scientists to whom he made the disclosure capable of reproducing the same invention?
b) Secondly, did he make the disclosure in confidence? If the answers are no, he can still be granted a patent in respect of his invention.
According to the case of Merrell Dow Vs Norton, Where an inventor discloses confidential information revealing the existence of an invention and enabling a skilled person in that field to be able to reproduce that invention, it results to loss of patentability due to that disclosure.
Secondly, Oral disclosure does not anticipate a patent if made in confidence, whether express or implied. (Visx Inc. Vs Nidek Co. Ltd (1999) FSR. Now the tests are a) Can the scientists to whom he made the disclosure capable of reproducing the same invention?
b) Secondly, did he make the disclosure in confidence? If the answers are no, he can still be granted a patent in respect of his invention.