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[DPRG] Never going to buy a MakerBot now

Subject: [DPRG] Never going to buy a MakerBot now
From: Robert Graham rgraham at gmail.com
Date: Wed May 28 15:49:09 CDT 2014

I'm not sure what you mean by after a year anyone can file.  You still need
to be able to claim that you were inventor/owner to file an application for
the invention.  The one year grace period is so that your own disclosures
aren't used against you as prior art if they were published less then 1
year before filing.  So if you publish a paper ion January 1, you have
until December 31 to file a patent application , and if you file
afterwards, that published paper can be used against you as prior art, even
though you wrote it.  However, if someone else file a patent application
before you file yours, you could be out of luck.  Your paper could be used
against the other inventor though.


On Wed, May 28, 2014 at 3:14 PM, Rud Merriam <k5rud at arrl.net> wrote:

>  Prior art is still in effect. See the full discussion at the web site
> below. The actual code:
>
>
> (1) the claimed invention was patented, described in a printed
> publication, or in public use, on sale, or otherwise available to the
> public before the effective filing date of the claimed invention; or
> (2) the claimed invention was described in a patent issued under section
> 151 <http://www.law.cornell.edu/uscode/text/35/151>, or in an application
> for patent published or deemed published under section 122<http://www.law.cornell.edu/uscode/text/35/122>
>  (b)<http://www.law.cornell.edu/uscode/text/35/usc_sec_35_00000122----000-#b>,
> in which the patent or application, as the case may be, names another
> inventor and was effectively filed before the effective filing date of the
> claimed invention.
>
> http://www.finnegan.com/resources/articles/articlesdetail.aspx?news=2a5d1c67-7407-433a-8cdb-8094ec620379
>
> In addition only the inventor can file if the inventor published the
> invention (prior art) within the previous year. It is not a pure race to
> the patent office. After that year anyone can file.
>
>
> - 73 -
>
> * Rud Merriam K5RUD *
> * Mystic Lake Software <http://mysticlakesoftware.com/> *
>
>  On 5/28/2014 1:03 PM, John Swindle wrote:
>
> As I understand current US patent law, prior art no longer has anything to
> do with it. Same as what dpa wrote.
>
>  IBM used to publish ideas that they did not want to spend money to
> patent so that no one else could patent them and then charge IBM for using
> IBM's idea. That ploy no longer works.
>
>  Unless I'm misinterpreting the changes.
>
>  Later,
> John Swindle
>
>
>
>
>
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