Patent Law Hypothetical

Question 1:

GooCo filed a patent application for goo-whiz in the UK patent office 14 months ago. (Goo-whiz is a material that is useful as both a leak-stopper and an ice-cream topping.) The UK application is still pending and has not published yet. GooCo began selling the patent-pending product 6 months ago.

GooCo now wants to file for a U.S. Patent. Can it do so? (email) The answer will post tomorrow.

4 thoughts on “Patent Law Hypothetical

  1. 2

    Patent Law Hypothetical: Answer 1

    Answer to Question 1: Generally, 35 U.S.C. §102 is the starting point for determining whether an invention is patentable. In this case, however, nothing in §102 bars patentability: §102(a) cannot block the patent because the goo-whiz was not known b…

  2. 1

    Patent Law Hypothetical: Answer 1

    Answer to Question 1: Generally, 35 U.S.C. §102 is the starting point for determining whether an invention is patentable. In this case, however, nothing in §102 bars patentability: §102(a) cannot block the patent because the goo-whiz was not known b…

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