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Scenario 1:

  • I Started to manufacture and sell a product based on my unpatented invention.
  • A year later, still I am the only manufacturer of this product.
  • I then file a patent for it.

Will my patent be approved?

Scenario 2:

  • I Started to manufacture and sell a product based on my unpatented invention.
  • Within the same year, someone else has started to manufacture and sell this product.
  • I then file a patent for it.

Will my patent be approved?

1 Answer 1

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In the US there is a one year grace period from first publication or sale of an invention. If you file up to the year exactly you might get a patent. There is no retroactive filing. You file when you file. A year plus a day is too late and the first sale might not be the start of the clock.

If you described it in detail in public or gave a demonstration of a prototype or put out a detailed advertisement then the year might have started earlier than you think.

Another issue is inventorship. You called it your invention. That is what is important, not the manufacture.

Most if the world has no such grace period.

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  • What about scenario number 2, where someone else has already started to manufacture your invention within the year? Feb 10 at 12:15
  • @freelionsntigersfromcages If you don't have a patent, you can't stop anyone else from manufacturing your product. If you wait a year plus one day from the first public disclosure to file a patent application, you will not get a patent.
    – Eric S
    Feb 10 at 16:53
  • I am aware that I cannot stop someone from manufacturing my invention if I don't have a patent. My follow up question was that if I can still get a patent if I file within 1 year of my own manufacturing but someone else has since also started manufacturing it. Which means that, once approved, I can then stop them from manufacturing it. Feb 10 at 16:57
  • Yes - you can use the courts to try to stop them once you get a granted patent.
    – George White
    Feb 10 at 17:32
  • @GeorgeWhite, thank you for integrating my edit into your answer, although the way that you did it denied me getting credit for my contribution. Feb 11 at 15:32

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