4 ms·

Is there a typo in your nubmers (filed for in 2010, valid from 2009) or is it really how patents work over there in USA? Whole year worth of time travel -- i.e

• beagle3 15y ago
  If they had filed a provisional application a year before (2009), and the patent is granted, the effective time goes back to the provisional filing date. I suppose that is what the gp was alluding to.
• tzs 15y ago
  If you invent something, and then before you get your patent application filed someone else invents the same thing and puts their version on sale or describes it in a publication, theirs does not count as prior art against yours if their sale or publication was within one year of your application. So, we can divide potential prior art into two groups: 1. Publications or products from 2009-12-20. Definitely prior art, even if Kootol actually was the inventor of the technology and invented it before the prior art. Too bad for them--they shouldn't have waited so long to file. 2. Publications or products from 2009-21-21 through the filing date. Not prior art. (That doesn't mean others using the technology in this period might not be useful against Kootol--it could be useful for showing that they were not the first to invent the relevant technology).
• callahad 15y ago
  There are some definitely some quirks in the US patent system. I'm not a lawyer, but as far as I understand it, entities have one year from the date of disclosure to file for a patent in the US, where other countries generally view disclosure as precluding patenting.