Things applicant does after she invents but before filing
a. Invent, RTP, keep secret
(A) Ex. Invent widget, keep secret, enjoy only at home.
(B) 102(g) bars if someone else is trying to patent who has priority over you by virtue of your abandonment. 102(c) issue. No problems, however, under 102(b).
b. Invent, RTP, public use:
(A) Ex. Invent mousetrap, display at museum enabling person skilled in art to deduce principles.
(B) Barred after 1 year under 102(b) for public use.
c. Invent process and keep secret, product is not secret but not informing:
(A) Ex. Method for pasteurizing milk, milk is indistinguishable from regular milk and on sale.
(B) Even though this seems like (a), this is treated like public, non-informing use so 102(b) statutory bar kicks in for public use after a year. Don’t want to have a de facto longer patent term.
(C) This is NOT an offer for sale since inventor was not selling any embodiments of the invention.
(D) Ex. New fuel-efficient engine, implement it in taxi cab and use it. Cab more profitable than avg.
d. Invent process and keep secret, non-informing offer for sale
(A) Ex. Offer new fuel efficient engine for sale to neighbor, non-informing, no sale in end.
(B) 102(b) public use bar triggered by offer for sale, starts 1 year clock.
(C) Not the case if this was merely a general offer for sale (where clock starts at time of performance), then issue of whether general offer was lower bc of invention kicks in.
(D) Perhaps 102(c) is better way to think about this?
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