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Sunday, February 13, 2011

IS THERE A DEADLINE ON WHEN AN INVENTOR CAN FILE A PATENT APPLICATION?

Yes.  Patentability, including certain deadlines, is primarily governed by the statute of 35 United States Code, section 102

This statute, at subsection (b), states that an inventor can not file a patent application if:

"...(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 date of the application for patent in the United States..."

Also, in some countries, a patent application must be filed before it is first used or offered for sale.  Therefore, an inventor may want to file a patent application before (1) offering the invention for sale; (2) publicly using the invention; or (3) describing the invention in a printed publication.

Visit http://www.sayfiepatents.com/ or call Robert J. Sayfie at 888-468-0444.