Re: unpublished prior art vs application date

Subject: Re: Re: unpublished prior art vs application date

Comments:
: : How does the law generally deal with unpublished prior art in patent validity issues? Specifically, my patent application date preceeds the research publication of a similar invention but may or may not preceed the completion of the "unpublished" invention related to the publication. : : Would the fact that I can clearly establish that the completion of my invention preceeded the completion of the other invention weigh in on the matter? : Dear Jim T, : The first to conceive and diligently reduce to practice is the first to invent. A patent cannot be obtained if it is publicly used in the US more that one year before the application or disclosed in a printed publication anywhere in the world more than one year before the application. : Now is it a patent you want or do you want to make money. The latter is the killer is may not be so easy even if you have a good patent. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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