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Author Topic: Publication less than 1 year  (Read 1011 times)

flavsx

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Publication less than 1 year
« on: 10-18-08 at 10:59 am »

Hi,

I m a french inventor and I published on the web 3 months ago a small explanation on a part of my invention.
My invention has been also sold through internet to the public for less than one year.

My invention is not patented in any country.

Can I still patent it in US with reference to 102(a) and 102(b)?
If not, can I still patent the non-published part of my invention ?



Thanks
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JimIvey

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Re: Publication less than 1 year
« Reply #1 on: 10-24-08 at 02:10 pm »

Can I still patent it in US with reference to 102(a) and 102(b)?

Most likely, yes. 

If not, can I still patent the non-published part of my invention ?

If it was "on sale" at the time of publication, the publication or lack thereof is irrelevant under US law (meaning that "on sale" would still potentially limit availability of patent protection).  The answer would be the same as above.

I believe the answers are more or less the same for Canada and Argentina, in case those countries are interesting to you.

Regards.
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James D. Ivey
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