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Questions tagged [public-disclosure]

The tag has no usage guidance.

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1answer
48 views

can i tell about Ideas details before patent?

I have a business plan for selling apparel over the Internet, with unique features that distinguish this idea from other sites.before to patent this idea in the wipo , i can tell about particularity ...
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1answer
36 views

If I freely described, in words and pictures, to individual companies(not “publicly”) could I patent it, if no prior art?

I have developed a grain drying/storage system, which I started documenting in 2008. I have shown this system, in general, to individual manufacturers and organizations without monetary compensation ...
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1answer
18 views

Labeling Patent Applications to avoid disclosure

I plan to have either an attorney or patent agent review a patent application. I would like to avoid any pitfalls regarding patent information disclosure that would jeopardize the patent application. ...
4
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1answer
164 views

Will publishing parts of a provisional application jeopardize regular application based on it?

This old Science paper, among others, explains well how any public disclosure precludes patentability. How does this equation change if I file a provisional first, then publish the invention in a peer ...
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1answer
31 views

Pros and Cons of going public with my invention rather than obtaining a patent

Please forgive the cross-post I'm considering making the work I've done on my experimental VTOL aircraft scale model prototype design public in return for sales of code predicting the performance of ...
5
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1answer
101 views

Are private discussions valid prior art?

Based on case law, there seem to be two contradictory tests for valid prior art when considering novelty of an invention. I would paraphrase them as: (i) If information was made accessible and ...
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0answers
31 views

Public sales abroad constitute disclosure

One would not be surprised to read from 35 USC 102(a)(1) that novelty is not satisfied when: the claimed invention was patented, described in a printed publication, or in public use, on sale, or ...
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1answer
40 views

If i publish my invention before i get a patent do i have a year to get a patent before i lose my rights?

We have a first to file system but as im learning someone can still knock your patent out if they can prove they had and worked on the idea longer. So this seem like it pushed you to disclose early. I ...
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1answer
120 views

Patenting a trade secret algorithm

I have two similar questions on how "public use" and "on sale" apply to trade secrets, and how or if trade secrets can be later converted into patents. I've been reading the law here and looking at ...
4
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1answer
41 views

Shared my work for analysis before applying for a patent?

I have an idea, that is of potential. However, before applying for a patent(U.S then international) it's going through a peer-review process; that is me sharing my work with a few individuals(...
4
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1answer
75 views

Proving the date of a website being used as prior art

I have several pieces of prior art that were published on a website. The site is public but not in the Internet Archive or anything like that. I have content upload dates in the database that could ...
1
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1answer
38 views

Options for submitting prior art on a patent application after the 6 month window passed?

There's a patent application close to issuance for an "invention" we have significant pieces of prior art for, but the time allowed for third party submissions under 35 U.S.C. 122(e) has passed. MPEP ...
2
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1answer
233 views

Is a rejected patent application considered prior art under “first to file”?

Let's say Company A's patent application is rejected due to prior art, a public disclosure from Company B (made within Company B's 1 year grace period). Would Company B's very similar patent ...
4
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3answers
112 views

Mitigating possible patent exposure

I have spent the last 2 months working on an idea for a patent . I made designs and descriptions and I put it in an inventors notebook and had my 2 friends sign the book . I planned to submit the ...
4
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1answer
33 views

How do I go about discussing a patenable product with a potential partner?

I met a possible partner who has solid business experience and seems well-connected. He appears to be the perfect compliment, but given the changes in patent law, I am afraid to start a discussion ...