Messages in this thread | | | From | "David Schwartz" <> | Subject | RE: Tux 2 patents | Date | Fri, 6 Oct 2000 15:24:41 -0700 |
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> 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
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