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)