Messages in this thread | | | Date | Fri, 06 Oct 2000 16:37:17 -0600 | From | "Jeff V. Merkey" <> | Subject | Re: Tux 2 patents |
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David Schwartz wrote: > > > I've filed lots of patents in my day Marty -- this is correct. I have > > two patent lawyers on staff. Want to try again.. > > > > Jeff > > > > And you only get the year of protection **IF** you have filed a > > > provisional patent application, which expires 12 months after it's > > > issued. You must then file a non-provisional patent application before > > > the year runs out, or you cannot patent the techniques. > > No, it's incorrect and misleading. See for example > http://www.uspto.gov/web/offices/pac/doc/general/novelty.htm which states: > > "In order for an invention to be patentable it must be new as defined in the > patent law, which provides that an invention cannot be patented if: "(a) the > invention was known or used by others in this country, or patented or > described in a printed publication in this or a foreign country, before the > invention thereof by the applicant for patent," or "(b) the invention was > patented or described in a printed publication in this or a foreign country > or in public use or on sale in this country more than one year prior to the > application for patent in the United States . . ."" > > The "year of protection" has nothing whatsoever to do with provisional > patent applications which are something else entirely. > > DS
Which is what I described in previous postings on this thread. Go read them.
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