The Prior Art of War: Decoding Title 35

Oops, I Disclosed It Again! How to Avoid Losing Your Patent Before You Even File.


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Ever get that sinking feeling after excitedly telling everyone about your brilliant idea at a conference, only to remember you haven't filed the patent application yet? Welcome to the minefield of statutory bars under 35 U.S.C. § 102, the part of patent law designed to punish those who talk first and file later.
In this episode, we unpack the deadliest pre-filing sins in the "first-inventor-to-file" world. We’ll distinguish between the two main ways your work can come back to haunt you: § 102(a)(1) prior art (your own public disclosures) and § 102(a)(2) prior art (that other person who quietly filed something similar before you).
We’ll also explore that tricky one-year grace period—your supposed ‘get out of jail free’ card that comes with a ton of fine print. We break down the infamous on-sale bar, including the legal headaches from Pfaff and Helsinn, the public use bar, and its elusive cousin, the experimental use exception. Through a series of all-too-relatable scenarios, we offer strategic advice to keep your brilliant ideas out of the public domain and squarely in your portfolio.
Tune in to learn how not to torpedo your own patent application before it even leaves the harbor.
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The Prior Art of War: Decoding Title 35By LAMAR A. ALLEN