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Author Topic: nature ofexperiment complesme todo reserch on road  (Read 1071 times)

colourfulsusan

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1. if i m  doing  my research in public (the nature of the experiment compels me to conduct the experiment on the road in the public),is it patentable?if someone else patented it(after seeing my experiment),how can i protect my invention ?

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bindu

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Re: nature ofexperiment complesme todo reserch on
« Reply #1 on: 07-31-06 at 12:53 am »

File a provisional application as soon as possible and keep thorough record of work on daily basis. Get it signed by a witness with date. This will serve as a proof of the date on which task was perfrmed. Usually the kind of work you are doing, upto 1 years tme, it is considered new
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JSonnabend

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Re: nature ofexperiment complesme todo reserch on
« Reply #2 on: 07-31-06 at 07:37 am »

To the extent I understand Bindu's response, it's wrong.  Generally, a public use of an invention "starts the clock" on the one year grace period.  A fairly well recognized exception to this is rule, however, is where reasonable testing must be carried-out publicly.  You always run the risk in such testing that a court later on will rule that the testing didn't qualify for the exception, thus keeping the one year rule in effect.

You should speak directly to a qualified patent attorney at your earliest convenience to go over your matter.   Relying on the free advice here will ultimately cost you tons more than legal fees would now.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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