(submitted by Mavis Galleson, presenting on PCT at the AMC)...
Inventors A, B and C have an invention which corporation Y wishes to own. A, B, and C are not employees of corporation Y. A,B and C file for US provisional patent protection of the invention on November 1, 2013. A and B assign their rights to the invention to Y on February 1, 2014. Inventor C assigns its right to the invention to Y on June 12, 2014. Both assignments contain nunc pro tunc provisions dating the assignments back to the priority filing date. Y files for PCT protection as the only applicant on May 1, 2014. Y claims priority to the ABC filing in its PCT application. Some of the claims in the PCT application reflect the inventions of the inventors individually. Some of the claims reflect the inventions of all three inventors. Will the priority claim be upheld in court in the US?
yes, no, I don't know
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