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Re: bars to patentability Jeff Myers 01 Jun 2001 16:00 EST

A publication on this subject is available at
http://www.siu.edu/worda/tech/patent_resources/prevent.html
The short answer is yes, funded proposals can be publication bars.  The
clock starts with inclusion of the grant proposal in the agency's published
indices.  This process varies among agencies.  Of course, for foreign
filings its too late once this occurs.

Jeff Myers
Southern Illinois University
Carbondale, IL

At 10:49 AM 6/1/01 -0700, you wrote:
>My understanding is that a patent application has to be filed within one
>year after publication ofthe invention or public sale or use.
>Question:  does a description of the invention in a funded federal grant
>proposal constitute publication and therefore start the clock?   If so, at
>time of submission or at time of award, when it becomes public information?
>
>I recall seeing discussion on this point but I never learned if there was a
>final answer.
>
>Direct answers or references to authoritative discussions would be very much
>appreciated.
>Thank you.
>
>Stuart A. Ross
>Director, Grants and Contracts
>California State University, Fullerton
>(714) 278-2106 voice
>(714) 278-3000 fax
>xxxxxx@fullerton.edu
>
>
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