When is an invention considered publicly disclosed?

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An invention is considered publicly disclosed when it is made available to the public in any form, such as publication, sale, or public use. This definition encompasses a wide range of activities that can result in public knowledge of the invention, which is crucial in the realm of patent law. Public disclosure is significant because it can affect the patentability of an invention; once something is publicly disclosed, the novelty of the invention is judged against any subsequent patent applications.

A patent itself does not equate to public disclosure until it is published, and even then it is only effective for the specific claims granted. Similarly, displaying an invention in a private exhibition does not constitute public disclosure since the public is not freely accessing the information. Filing a patent application marks the beginning of legal processes protecting an invention, but it does not mean the invention has been made public until it is published, usually at a later date, unless the application is made accessible prior to patenting.

Therefore, the choice that describes the broadest and most definitive action constituting public disclosure is when the invention is made available to the public in any form, which aligns perfectly with established patent law principles.

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