Publication, public use, and sale as bars to patenting

Carl M. Wright IBM (United States)

Abstract

Publications describing or revealing an invention can be a bar to issuance of a patent. The publication can have been published by the inventor, in which case it is not an absolute bar for a year, or by another. The inventor can sometimes overcome the publications, i.e., remove them as a bar against his patent application, by showing he made his invention before the publication if the publication date is less than a year before his application, or by showing it is not a publication within the meaning of the law. A public use or sale can be a bar against patenting unless the use can be proved to have been for the purpose of permitting the inventor to develop or to perfect his invention.

Journal
IEEE Transactions on Professional Communication
Published
1979-06-01
DOI
10.1109/tpc.1979.6500287
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