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What is permissible in trade news?
Posted by Anonymous . updated on 2/26/2009
If a news reporter meets a company engineer, say at technical conference or trade fair for dinner. ?During conversation engineer brags that such and such product is in pipe line with such and such benefits and may cost this much. ?The reporter publishes a broad outline but mentions price engineer had casually mentioned. ? Would this engineer's employer now barred from filing a Patent if the story was published one year prior to application? ? Does the mention of price in trade news is an offer for sale? ?Is advocating benefits without detailing the structure or composition subject applicaiton to 102(b) bar?
Answers (2)
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Wiscagent
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It does not appear to me that would be a 102(b) bar. As the hypothetical situation was presented, it appears that there was not sufficient detail (i.e. neither enablement nor definition of the invention) to create a bar. Also mention of a price range, by itself would not be an offer to sell.
By the way, it is far more likely that a marketing or management person would disclose this information than an engineer. Think of White House "leaks" it's always some political appointee [regardless of political party] that talks, not the secretary, security guard, or maintainance guy.
Richard Tanzer
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Isaac
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I don't think the amount of detail in the announcement is the issue.
A 102(b) would revolve around whether the invention was ready for
patenting and whether the invention was offered for sale. The
facts described do not really suggest and offer for sale, and the
question of whether the invention was ready for sale perhaps
needs more fleshing out. I don't see a 102(b) on sale bar here.
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