Class Notes 2/18/2011(Fernando Rodriguez)
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Important dates whe n filing a patent under 35 USC 102
a-----------b------------------------c--time
- A) Date of invention (could be less than a year)
- B) One year prior to application
- C) File application
Related to section A
- If its known or used by people in the US prior to the date of invention then its not patentable, it could also be patented or printed
- If outside the US it has to be printed or patented for it to be not valid
- Applicant has printed or patented before invention then it is invalid
Related to B
- Public use or sale in the US, as well as patented or printed
- Foreign it still has to be patented or printed (more strict than the public use)
EGBERT v. LIPPMAN
Public
- No restrictions
- Number doesn't matter (of invention)
- Number of people doesn't matter
- Small hidden part doesnt matter-----------dissent discussed
Not Public
- Restrictions on use
- secrecy
- experiment
Metallizing Engineering v. Kenyon Bearing & Auto Parts
Proccess to treat the surface on the metal, sprayed on suface for better conditioning
Public
- Things produced by the secret process
- Held: public sale. use off output > 1 year propr to appication is a bar (this is so as to not extend monopoly)
