Question
We launched a product a couple of months ago, and a competitor has now issued a press release that they have a similar technology. It looks like they somehow learned that we wanted to apply for a patent for the product. With their press release right before the filing of our patent application, can we even get a patent still?
Answers: 2 public & 1 private
According to 35 USC 102, if the claimed invention was in public use or on sale prior to the priority (filing) date of your application, you are barred from obtaining a patent because the on sale or public use is effective prior art. See 35 USC 102 (a)(1). The only exception to the rule is if you, as the inventor, made the disclosure or some disclosure was made public by someone authorized by you - otherwise, if the public use or on sale was by a third party unconnected to you, you are barred from obtaining a patent.
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