America’s Patent and Trademark Office (USPTO) has granted a patent to Tableau (Salesforce’s visual analytics platform) — for a patent covering "Data Processing For Visualizing Hierarchical Data
America’s Patent and Trademark Office (USPTO) has granted a patent to Tableau (Salesforce’s visual analytics platform) — for a patent covering "Data Processing For Visualizing Hierarchical Data
I don’t see anywhere in 102(a)(1), 102(a)(2), or in the exception clauses of 102(b)(1)(A) or in 102(b)(1)(B) that would imply prior art not including public disclosures (there is a 1 year grace period, but it is not forgiving).
The examples in that presentation show clearly that you can’t patent someone else’s invention if it were public knowledge beyond the 1 year grace period and only the inventors have the right to disclose it within that period and still be granted a patent.
If the thing I want to patent existed 1 year ago and was made available in a way it could have invented what I wanted to patent, and it wasn’t me, the alleged inventor, who made that publicly available version, I don’t get the patent.
I can patent something that has no prior art from more than a year ago. I can patent something with prior art within one year if that prior art was made available by only me.
I need you to show me exactly the words in the link you provided that implies you can be granted a patent with prior art existing beyond the 1 year grace period from the effective filing date.
https://legalclarity.org/can-you-patent-something-that-already-exists/
So, you want 35 U.S.C. § 102, which says:
(emphasis mine).
What you posted states the opposite :) I agree with you, though—prior art means you can’t patent it. The person I’m responding to believes otherwise.