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(Message started by: BradBrening on Oct 2^nd, 2007, 9:51am)

Title: Still Patentable?
Post by BradBrening on Oct 2^nd, 2007, 9:51am

As a small online application provider, we came up with a unique process to perform certain tasks. We were so busy rolling out applications built on this process that we never took the time to file a patent. Shortly (within a year) of roll-out, we noticed many clones of our service using our process. On the assumption that we "dropped the ball", we never followed through filing a patent.

However, I keep reading about the U.S. being a "first to invent" country vs. "first to file". Since we were the "first to invent" this process, can we still get this patented, even though it's being used by our imitators?

Title: Re: Still Patentable?
Post by MattB on Oct 2^nd, 2007, 10:42am

Use by imitators is usually a sign that what you have provided is novel.

Unfortunately, I must direct you to 35 USC 102(b).
http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_102.htm

If you have been using or selling this invention publicly for more than a year, you will most likely be barred from obtaining a patent. If it has been less than or close to a year, you should contact a patent attorney ASAP!!!

Good Luck!

MattB

Title: Re: Still Patentable?
Post by JimIvey on Oct 3^rd, 2007, 8:26pm

Matt's right. Just to clarify, priority in US goes to the first to invent among those who have filed a patent application within one year of the first offer for sale, public use, or public disclosure.

Regards.

Title: Re: Still Patentable?
Post by SoCalAttny on Oct 4^th, 2007, 11:12pm

Read somewhere there is a Senate bill proposing we convert to a first to file rule as in the EU.

That will make life interesting.

Title: Re: Still Patentable?
Post by pentazole on Oct 15^th, 2007, 12:25am

on 10/02/07 at 09:51:48, BradBrening wrote:

Brad:

Was your invention in a printed publication that is public, in public use, or on sale here in the U.S., one year ago or before? If so, then 35 U.S.C. 102(b) bars you from patenting it.

If not, then you can still patent. If so, then make sure you keep record of your public information to bar others from getting a patent and then going after you.

You can always file for a patent, as long as you add elements to your invention that were not disclosed to the public one year ago or before. For example if from a year ago until today you came up with an improvement, or addon, or both, you can file a patent for everything together.

Title: Re: Still Patentable?
Post by Agent_Orange on Oct 31^st, 2007, 1:29pm

I think that's excellent feedback, pentazole.

...diligent, ethical, mutally advantageous, etc.