質問
We would like to market a device the design of which we developed about four years ago. At the time, we sold one device in a 'private' sale and gave two away as gifts. We have since developed the technology further, but the design is still the same. We have not published or publicly offered the product anywhere, but we also have not kept the design secret, so some people outside of the company have seen it. Is it still possible to apply for a design patent?
回答: 3 public & 0 非公開
Unfortunately, you are barred from obtaining a patent.
35 USC 102(a)(1) states that if the invention was available to the public prior to your effective filing date of your application, which would be the current date and you said that the device has been available to the public for four years, you are barred from getting a patent. Even under 35 USC 102(b)(1), you effectively have a grace period of one year but you are well beyond the one-year grace period.
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