| ARE THERE USEFUL GUIDELINES
FOR PUBLICATION THAT MINIMIZE THE POSSIBILITY OF THE STATUTORY BAR?
Specific advice should always be sought from VPRIT or CSURF to avoid prior
publication problems. However, the following guidelines may help in planning
publication:
1. If it is believed that a certain
invention may be patentable, the inventor may write or talk about the
very broad aspects of the invention, carefully avoiding information
that would be enabling. Speculation for the record about the possibility
of inventing something is not a good idea as there is the danger of
someone stealing the idea and there is the possibility of losing patent
rights before they have been perfected.
2. If an enabling publication is made, most foreign
rights will be lost but a U.S. patent application may still be filed
within one year of the date of such publication.
3. Ideally, U.S. patent protection should be sought
prior to publication or disclosure. This would secure early protection
in the U.S. and gain a year in which to consider the desirability of
foreign patents.
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