Section 102(b) U.S.C. 35: A ‘grace period’ is a period prior to
filing in which the inventors are able to practice their inventions. The
inventor’s own disclosure will not invalidate his U.S. patent
provided it is made no earlier than one year before the date of filing
in the U.S.
Pfaff v Wells: ‘the invention has been the object of a commercial
offer of sale (i.e. objective intent to sell), invention must be ready to
patent (i.e. proof of reduction to practice, or proof that inventor had
prepared sufficiently specific drawings or descriptions to enable
person skilled in the art to practice the invention)”
However, this “grace period” provision only operates in the U.S.;
which ,means that the inventor will still not be able to obtain valid
patents in most countries outside the U.S.
Nothing on this site constitutes legal advice, an offer, an offer to treat or a legal relationship.
Always check with your IP consultant.
