Be Careful Where You Save That File

Law360, New York (July 24, 2008, 12:00 AM EDT) -- Inventions are not patentable in the U.S. if they have been publicly disclosed, used, or sold for more than a year before filing an application, according to Section 102(b) of the Patent Act. This rule is based on the principle that an invention in the public domain should no longer be patentable.

Most inventors and technology companies are aware that a U.S. patent application must be filed within a year after a product incorporating the invention is “disclosed” through a sale or if the invention is...
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