Re: Tux 2 patents

From: Jeff V. Merkey (jmerkey@timpanogas.org)
Date: Fri Oct 06 2000 - 18:37:17 EDT

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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.

    Jeff
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