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   Author  Topic: Law question  (Read 793 times)
rougie
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Posts: 16
Law question
« on: Nov 29th, 2007, 2:36pm »
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I was reading a pot entitled "Buying rights without a patent" in the secondond to last page (I believe!), and the second post within this questions starts off by saying:
 
"If the invention clears the 102(b) on-sale bar, "
 
Whats a 102(b) on-sale bar?
 
With regards
Robert
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Kaitlin
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Posts: 39
Re: Law question
« Reply #1 on: Nov 30th, 2007, 12:28pm »
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102(b) refers to Title 35 United States Code section 102(b).
Patents are covered under Title 35 of the USC, so for most patent-related section number references, try a search of  
  35 USC ___
inserting the section number for the blank.
I'm not a patent attorney and can't quickly describe the on-sale bar without possibly leading you astray.  
But you can see what the PTO and others have to say by googling 35 usc 102(b).
« Last Edit: Nov 30th, 2007, 12:33pm by Kaitlin » IP Logged
patag2001
Junior Member
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Posts: 82
Re: Law question
« Reply #2 on: Dec 1st, 2007, 11:19am »
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102(b) says:
“A person shall be entitled to a patent unless -
 (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.”
 
Hence, an “on-bar sale” would be a sale of an item that has been on sale for at least a year and the item would no longer be patentable.
 
I hope this helps!
 
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Landers
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WWW

Posts: 10
Re: Law question
« Reply #3 on: Dec 1st, 2007, 12:03pm »
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If you sell something, or offer to sell it, you have one year from that date to file a patent application.  If you wait longer, you will be barred from obtaining a patent with claims that cover what you sold/offered to sell.
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Paragen
Pharmaceuticals - small molecule drug discovery - business methods
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