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Posts tagged Statutory Bars
Statutory Bars
Jun 3rd
Posted by Joseph Iskra in 35 USC 102
One of the first questions a patent attorney/agent should ask an inventor during the initial inventor interview is whether the invention was disclosed/used/sold ANYWHERE outside of the inventor’s organization. This inquiry is critical as 35 U.S.C. 102(b) bars patentability of an invention if various conditions are present. More specifically, further to the aforementioned law, patentability will be barred in the United States if MORE THAN ONE-YEAR PRIOR TO filing in the United States, 1) the invention was patented or described in a printed publication ANYWHERE in the world; 2) the invention was in PUBLIC USE in the United States; OR the More >