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[Kerry]

If a Taiwan  patent has been granted on a certain date and over a year has passed (in this case almost 2 years) before applying for a US patent for the same invention,  is this item patentable in the US ? My understanding, if the invention has been public knowledge (in this case by means of the Taiwan patent)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                                         

[klaviernista]

Assuming the Taiwanese patent is a "printed publication, and assuming the U.S. patent application was drawn to the same invention, 35 U.S.C. 102(b) would apply, and the U.S. applicant would be statutorily barred from obtaining a patent.

See 35 U.S.C. 102(b), which states, "A person shall be entitled to a patent unless - (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States."

[NRLMint]

Was this a PCT application that designated the U.S.? If so, things might change a little (a 30 month time limit rather than just 12 months, I believe).

Then again don't quote me, and do the proper research on this.