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SubjectRe: Tux 2 patents


David Schwartz wrote:
>
> > I've filed lots of patents in my day Marty -- this is correct. I have
> > two patent lawyers on staff. Want to try again..
> >
> > Jeff
>
> > > And you only get the year of protection **IF** you have filed a
> > > provisional patent application, which expires 12 months after it's
> > > issued. You must then file a non-provisional patent application before
> > > the year runs out, or you cannot patent the techniques.
>
> No, it's incorrect and misleading. See for example
> http://www.uspto.gov/web/offices/pac/doc/general/novelty.htm which states:
>
> "In order for an invention to be patentable it must be new as defined in the
> patent law, which provides that an invention cannot be patented if: "(a) the
> invention was known or used by others in this country, or patented or
> described in a printed publication in this or a foreign country, before the
> invention thereof by the applicant for patent," or "(b) the invention was
> patented or described in a printed publication in this or a foreign country
> or in public use or on sale in this country more than one year prior to the
> application for patent in the United States . . .""
>
> The "year of protection" has nothing whatsoever to do with provisional
> patent applications which are something else entirely.
>
> DS

Which is what I described in previous postings on this thread. Go read
them.

Jeff
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