Important Patent Tip
Rule:
A person shall be entitled to a patent unless…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 date of the application for patent in the United States….
35 U.S.C. § 102(b).
General interpretation:
A patent application must be filed within one year of any public use, disclosure, sale, or offer for sale of the invention in order to obtain a patent in the United States.
Tip:
File an application before marketing or making any sales. If you have already presented at a trade show, or otherwise disclosed or sold the invention, be mindful of the one-year deadline.
Tips & Information
- Common Myths about Intellectual Property
- What is a Trademark and how do I obtain one?
- What is a Patent and how do I obtain one?
- Important Trademark Tip
- Important Patent Tip
- Important Copyright Tip
- Inventors Notebook
- Non-Disclosure Agreements
The information provided on this site and in any associated links are intended for general guidance only. Because professional legal advice must always be specific to the facts and circumstances of a particular client, the information on this site and any associated links cannot and should not be relied upon as legal advice. ©2000,2004,2008 Anthony J. Bourget. All rights reserved.