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[andras22]

35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent. - is described here:

http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_102.htm

Here are my questions:

If a product including a new idea has been sold and used in a foreign country (the new idea is not patented or published) - is it still patentable in the US?
If a new idea has a patent application in a foreign country (and it is not published anywhere) - is it still patentable in the US?

This is not a theoretical question - an accurate and quick answer will be appreciated.

Thanks,
Andras

[BotchedExperiment]

I'm not a patent practitioner, and if you're serious you should retain one.

1) yes, but not if it's known or in use in this country (the USA).
2) maybe, but the clock's ticking...

[Wiscagent]

Andras,

You're not getting much response to your question, perhaps because it "is not a theoretical question."  So you are asking for legal advice from patent agents and attorneys, but you are not their client.

There are subtleties in the law and to provide advice without knowing the details of your situation would be irresponsible.

One question for you:  Did you invent this gadget?  Or did someone else?

[andras22]

Sorry guys - wrong way and place to ask

Thanks for bringing it to my attention.

Andras