FWIW, I have attended patent training given by lawyers (but based on
Canada law so YMMV) and they said that the clock started ticking
(disclosure time) at the time you offer the product for sale, even if
it's not even ready yet. I'm not sure I'd rely too much on that, but I'm
pretty sure that the time you actually sell a product counts.
Jean-Marc
On 10/09/14 12:59 PM, Bruce Perens wrote:
> The situation with AMBE and patents may be better (for us) than I
> thought - or said in my recent paper. This language from USPTO's manual
> of patent examining procedure has been pointed out to me.
>
> John Ackermann isn't a patent attorney and isn't the right person to
> pursue this issue. We can try to find a ham who would handle the
> question pro-bono, or perhaps I'll have to hire one.
>
> Thanks
>
> Bruce
>
> http://www.uspto.gov/web/offices/pac/mpep/s2133.html
>
>
> 2. Even If the Invention Is Hidden, Inventor Who Puts
> Machine or Article Embodying the Invention in Public View Is
> Barred from Obtaining a Patent as the Invention Is in Public Use
>
> When the inventor or someone connected to the inventor puts the
> invention on display or sells it, there is a “public use” within the
> meaning of *pre-AIA 35 U.S.C. 102(b)
>
> <http://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.html#d0e302383>*
> even though by its very nature an invention is completely hidden
> from view as part of a larger machine or article, if the invention
> is otherwise used in its natural and intended way and the larger
> machine or article is accessible to the public. /In re Blaisdell,/
> 242 F.2d 779, 783, 113 USPQ 289, 292 (CCPA 1957); /Hall//v.
> Macneale, /107 U.S. 90, 96-97 (1882); /Ex parte//Kuklo,/ 25 USPQ2d
> 1387, 1390 (Bd. Pat. App. & Inter. 1992) (Display of equipment
> including the structural features of the claimed invention to
> visitors of laboratory is public use even though public did not see
> inner workings of device. The person to whom the invention is
> publicly disclosed need not understand the significance and
> technical complexities of the invention.)
>
>
>
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