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[bunty]

One of my friends has a software products company. The company developed a product for telecom biliing solutions and started marketing in India and US. The product is in the market for two years now and is well received.

The guy now wants to get a patent for the product. He says although the product is in the public domain but they have not revelaed or publicly displayed the technology behind the product.

Can someone kindly suggest if the product can be patented?

Regards,
bunty

[W]

Possibly, if he is the first inventor.

However, I believe he cannot sue those to whom he already sold his product. I.e. if he sold Product A before he recieved his patent, and Product A fall under the claims of his patent, he cannot turn around and sue his customers. Nor can he sue anyone who uses any code he open-sourced.

But for anyone else, there stands a fair chance.

-W

[bunty]

Thanks for your reply.

What I'm exactly looking at here is a clarity on the issue iof grace period. As per my understanding, the US law provides a one year grace period after the invention is made public whereas the Indian law doesnt provide any such grace period.

So is this issue of grace period also applicable in this case although the technology is not public but the product is?

Looking for replies.

Regards
Bunty

[eric_stasik]

Dear bunty,

It is the sale, or use, of a product that includes the invention IN THE U.S. that counts. This is what starts the  one year clock in America.

An invention does not need to be obvious, or visible, to the public to start this statutory clock.

In Europe (and in India) any use or sale prior to application for patent destroys novelty.

Based on the thin facts you presented, it would appear that your friend missed his chance to get a patent anywhere in the world.

Regards,

eric stasik

[JSonnabend]

Bunty -

I agree with Eric's advice.  I'm afraid W's analysis is for the most part off the mark.

- Jeff

[W]

Eric is correct. In the US, you may file for an application up to a year after the invention's disclosure. Elsewhere, upon public disclosure, you may no longer file for an application.

-W

[bunty]

Thanks all for your replies and suggestion.

I had this doubt regarding the patentability for this product. however, I feel Rogers suggestion would be useful. he is planning an upgradation of the product. Probably that can be protected along with the main product. however, even in that case, we will not be able to protect the original product.

Thanks again