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SubjectRE: Tux 2 patents
Date

> 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

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