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Simple English definitions for legal terms
one-year rule
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A quick definition of one-year rule:
Term: One-Year Rule
Definition: The one-year rule is a law that says if you have an invention and you want to get a patent for it, you have to file your patent application within one year of the first time you show your invention to the public, sell it, or write about it. If you don't file your patent application within one year, you can't get a patent for your invention. The one-year rule is in place to encourage inventors to apply for patents quickly and to prevent people from waiting too long to apply for a patent after they have already shared their invention with others.
A more thorough explanation:
The one-year rule is a legal requirement that states a patent application must be filed within one year of any public use, sale, offer to sell, or publication of the invention. If the applicant fails to file a patent within one year of any of these events, they are barred from filing a patent.
For example, if someone invents a new type of phone case and starts selling it at a local market, they have one year from the date of the first sale to file a patent application. If they fail to do so, they cannot file a patent for that invention.
The one-year rule is outlined in 35 U.S.C. § 102. This law prohibits the filing of a patent if the invention was publicly used, sold, or published before the effective filing date of the claimed invention. However, there is an exception if any of these events occurred one year or less before the effective filing date of the claimed invention.
The purpose of the one-year rule is to encourage inventors to file for patents as soon as possible to protect their inventions from being used or sold by others without their permission.
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