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[Kerry]

If a patent has been granted in another country and over a year has passed before applying for a US patent,  is this item patentable? My understanding, if the invention has been public knowledge for over a year then it is not patentable? Is this true? Could some one please tell me what point of patent law this is related to?

Thanks in advance
Kerry

[vman11]

If a patent has been granted in another country and over a year has passed before applying for a US patent,  is this item patentable?

No, one would get a 102(d) rejection. Note that the one year clock for a 102 (d) starts from the filing date of the foreign application. So, if a US application is filed more than 12 months after a foreign filing, and the foreign patent issues, you've got a bar date set up.

[dz]

If a patent has been granted in another country and over a year has passed before applying for a US patent,  is this item patentable?

No, one would get a 102(d) rejection. Note that the one year clock for a 102 (d) starts from the filing date of the foreign application. So, if a US application is filed more than 12 months after a foreign filing, and the foreign patent issues, you've got a bar date set up.

That's one reason why some people go the PCT route in order to have more time.