Michael J. Mahon wrote:
Rick Cortese wrote:Michael J. Mahon wrote:Rick Cortese wrote:<snip>Actually, the limitation is that the patent application must be *filed* prior to public disclosure.I have two friends that are patent lawyers, well one died on me recently, and they have both told me otherwise. More along the lines of the patent *is* the disclosure that you are getting exclusive rights because of. Once any public disclosure is made, the patent office well see no need to give you any rights to reveal how you did something.Not so, assuming he was talking about the US.
We are talking about the USA. You obviously have a misconception about the language used. From the US Patent/trademark web page http://www.uspto.gov/web/offices/pac/doc/general/index.html#patentIn 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 . . .�
In most countries, publication closes the door to application, but in the US it starts a 1 year clock.
No. It is either [described]<immediate grounds for not granting>, [in public use]<immediate grounds for not granting>, *OR* [*SOLD*... for a year].
There is a provisional type patent that you have to file if you want to go to other parties. I have an acquaintance who didn't do this and took engineering drawings to a machine shop to have one of his inventions made. The machine shop stole/patented his device and he didn't have the documentation to prove it. I think I recall the time limit on these as being one year before you have to renew it or file the real patent, but this is just considered round one of the process.
<snipped part that should stand corrected now> Rick