Bars to patentability and AIA

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Core concept #6

Under current U.S. laws, there are three different “bars to patentability”, namely, offer for sale, public use and printed publication bars.  If more than one year has elapsed after any one of these events, then a patent will not be granted on the invention.

Each of these events or “bars to patentability” have a specific legal meanings developed through years of case law to determine whether an invention was offerred for sale, in public use and distributed through a printed publication.  Moreover, through case law, the experimental use exception has been developed.  If you believe that any one of these have been triggered, it is imperative to seek proper legal counsel immediately to determine whether you can seek patent protection on your invention.

On March 16, 2013, under the America Invents Act, the United States will transition from a first to invent system to a first inventor to file system.  Under the first to invent system, the first person to invent is granted a patent on the invention.  Under the first inventor to file system, the first person to file a patent application regardless of who was the first to invent is granted the patent on the invention.  We discuss these issues during the initial consultation.

Contact me at (949) 433-0900 to schedule your initial consultation.

CORE CONCEPTS

1. Define the invention
2. Review of the prior art
3. Explore different ways of protecting your intellectual property
(i.e., patent, trademark, copyright and trade secret)
4. Foreign protection
5. Ownership
6. First to file under the America Invents Act
7. Patent Process
8. Questions and answers
9. Recommended next step(s) and estimated fees