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Patent Filing Step 5 | Bold Today Show Episode 187



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Hey everyone, I’m J.D. Houvener, your host of the Bold Today Show, where you, the inventor or entrepreneur, get your daily inspiration, so you can go make the world a better place. We’re talking about the big question that we get asked by all of our clients, “What’s the process, how do I get a patent for my invention?” We’re here on Step 5 today, Step 5 looks at the statutory bars. Okay, sounds really legally, right? But this is so important, I can’t stress this enough, we need to make sure that we evaluate the history of your invention and who you’ve talked with, and who you might have sold your invention to prior to application filing. Now, the best in all cases is if you haven’t published your invention at all, and you haven’t sold your invention. If that’s the case, thumbs up. You’re in great shape. But don’t tune out, because for your next invention, I don’t want you to make the mistakes that I’m going to talk about next. The statutory bars, there are two main statutory bars, and that means that if you fall outside of this rule, that means that you are barred from patenting, meaning that your invention is not valid, it will not be able to achieve the grants that you’re protecting, it will belong to the public. All right, in the U.S., you have a one-year grace period for publication or sale. Those are the two types of statutory bars. For publication, if you have shown your invention to the public, whether it be in a Kickstarter or a magazine or a trade show, you’ve told the public about your invention–whatever was shown to the public will become a part of the public domain exactly one year from that date of publication. Similarly, the other statute. If you’ve ever sold your invention, or even offered for sale your invention more than a year ago, you are barred from patenting. So this is a tough rule, some of the clients who’ve come in, they’ve been heartbroken by this, but it’s one of those things you just don’t know unless you ask. And so by going to a patent professional, these are the kinds of questions you get answered before they become real heartbreaks and issues for your business. So if you have any questions about what kind of disclosure qualifies as a publication, the times periods that are in essence here, and when you need to get your application filed by, talk to one of our patent attorneys, go to our website at boldpatents.com, you can book a free consultation right from the website. Of course, you can always call us at 800-849-1913. I’m your host, J.D. Houvener, of the Bold Today Show. Go big. Go bold.

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