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does EPO bar pre-patent manufacture?

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wiliamsrb

Junior Member
What is the name of your state?W ith USPTO can manufacture when patent is accepted as filed. eg. market with "Patent Pending"

But in the EPO isn't it different? undefined
 


divgradcurl

Senior Member
wiliamsrb said:
What is the name of your state?W ith USPTO can manufacture when patent is accepted as filed. eg. market with "Patent Pending"

But in the EPO isn't it different? undefined

I think you are a little confused. Both the US and Europe allow an item to be disclosed, manufactured and sold once the application has been filed.

However, the EPO has a requirement for "absolute novelty" to obtain a patent which is missing in the U.S. -- basically, this means that ANY public use, disclosure or offer of sale PRIOR to the filing of the patent application would bar the issuance of a patent in the EPO.

The U.S. has a one-year grace period -- you can sell, use or offer to sell an invention in the U.S. as long as you file for a patent within a year of the first public disclosure.

But any public disclosure is the end of the line for an EPO application.
 

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