Released Inventions

Patent Prosecution and IP Counseling

·         What is a patent?

·         What is the process?
 
·         Bar Dates


These events will trigger a statutory bar to patenting the invention. If any of these events occur, the inventor must file a patent within one year of the date of the activity. 

Most foreign patents require a patent filed before any of these events occur.


·         What is a Trademark?

·         What is a Copyright?

Publication (Public Disclosure)- A publication does not have to be a printed publication. Posting the invention on a blog or on the web may be a publication. Even a poster or presentation may be considered a publication. The key inquiry is whether or not a reference has been made “publicly accessible.” The relevant factors are:

(1) the length of time the display was exhibited,

(2) the expertise of the target audience,

(3) the existence (or lack thereof) of reasonable expectations that the material displayed would not be copied, and

(4) the simplicity or ease with which the material displayed could have been copied.

 

The safest bet is to get a provisional application before any of these events occur.

 

Sale of the invention.

 

Offer to Sale the invention.

 

Public Use of the invention.