Foreign Application is Constructive Reduction to Practice

Frazer v. Schlegel, [2006-1154](August 20, 2007)[NEWMAN, Friedman, Rader] The Federal Circuit held that Frazer was entitled to priority of its Australian patent application in an interference with Schlegal, reversing the decision by the BPAI.
SIGNIFICANCE: 1. A foreign patent application can be a constructive reduction to practice.
BRIEF: When the priority claim is based on subject matter disclosed in a foreign patent application whose filing date is properly claimed, the foreign application has the same effect as if filed in the United States. The Federal Circuit said that the real question was not whether the Australian application showed conception, but whether it showed a constructive reduction to practice, as a foreign application can still be a constructive reduction to practice. The Federal Circuit held that the the Australian application had an adequate disclosure of the interference count.