18. While traveling through Germany (a WTO member country) in December 1999, Thomas (a Canadian citizen) conceived of binoculars for use in bird watching. The binoculars included a pattern recognition device that recognized birds and would display pertinent information on a display. Upon Thomas’ return to Canada (a NAFTA country) in January 2000, he enlisted his brothers Joseph and Roland to help him market the product under the tradename “Birdoculars.” On February 1, 2000, without Thomas’ knowledge or permission, Joseph anonymously published a promotional article written by Thomas and fully disclosing how the Birdoculars were made and used. The promotional article was published in the Saskatoon Times, a regional Canadian magazine that is also widely distributed in the United States. Thomas first reduced the Birdoculars to practice on March 17, 2000 in Canada. A United States patent application properly naming Thomas as the sole inventor was filed September 17, 2000. That application has now been rejected as being anticipated by the Saskatoon Times article. Which of the following statements is most correct?
(A) Thomas can rely on his activities in Canada in establishing a date of invention prior to publication of the Saskatoon Times article. (B) In a priority contest against another inventor, Thomas can rely on his activities in Canada in establishing a date of invention. (C) In a priority contest against another inventor, Thomas can rely on his activities in Germany in establishing a date of invention. (D) Statements (A) and (B) are correct, but statement (C) is incorrect. (E) Statements (A), (B), and (C) are each correct.
18. ANSWER: (E) is the most correct answer. Thomas may rely on activities in both Germany
(a WTO member country) and Canada (a NAFTA country) in establishing a date of invention
prior to publication of the Saskatoon Times article or in establishing priority. 35 U.S.C. § 104;
see also MPEP 715.01(c).