RE: Tux 2 patents

From: David Schwartz (davids@webmaster.com)
Date: Fri Oct 06 2000 - 18:24:41 EDT

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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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