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


Not Public
  • Restrictions on use
    • secrecy
    • experiment