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Is it Patentable?
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   Wood Art
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Re: Wood Art
« Reply #5 on: Apr 26th, 2006, 12:13pm »
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OK, I too am shamed. I meant to say:
Where does 35 USC 102b list public disclosure as a barring activity?  
Public use does NOT require public disclosure and does not require any determination of whether anyone saw the use.
(the NOT is added here to correct my statement.)
The point I'm trying to make regards the term "public disclosure." It seems to be some kind of slang term directed toward all the events listed in 35 USC 102b. Essentially everytime I've heard the term it has led to questionable presumptions or utterly false conclusions.
For example, I've argued that the use of a novel yard tool in an inventor's front yard entailed public use.  People working with me in the related forum argued that I could not know that the invention was disclosed because the inventor did not know if anyone saw the use. I argued it did not matter whether anyone saw or whether anything was actually disclosed to anyone. The people working with me were not patent professionals but were engaged in invention related professions.
This discourse has prompted me to consider investigating the origin of the "public disclosure" term and concept.
If anyone has any tips on that investigation ... please reply.
IP Logged
Junior Member


Posts: 96
Re: Wood Art
« Reply #6 on: Apr 26th, 2006, 12:18pm »
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on Apr 26th, 2006, 11:52am, E. L. Shumaker wrote:
Thank you all for your input.  
As for the process of creating the "work", the door might be open for a patent if I did not display the making of the "work" in public. (which I have not).

That is not correct.  I thought Isaac had a post about the Metallizing case, but I don't see it anymore.    The case held that an inventor's use of a secret process along with the open sale of a product of that process will be a "public use" of the process.  Public use is a statutory bar under 102(b).
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Senior Member


Posts: 3472
Re: Wood Art
« Reply #7 on: Apr 26th, 2006, 1:39pm »
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I deleted my post because it seemed a bit too patronizing in tone, and others seemed to have no problem coming up with the right answer.
« Last Edit: Apr 26th, 2006, 1:39pm by Isaac » IP Logged

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