HopefullyInLawSchool
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Simple English definitions for legal terms
prior-use bar
Read a random definition: book entry
A quick definition of prior-use bar:
A prior-use bar is a rule that prevents someone from getting a patent for an invention that was already used or sold publicly in the United States more than a year before they applied for the patent. This means that if someone else already made the invention and used it or sold it, the person applying for the patent cannot get it. The rule applies to any public use, commercial use, sale, or private transfer without a pledge of secrecy. There is a rare procedure called a public-use proceeding that investigates whether an invention was publicly used or sold before the patent application was filed.
A more thorough explanation:
A prior-use bar is a legal term that refers to a situation where a patent cannot be granted for an invention that was publicly used or sold in the United States more than one year before the application date. This is also known as a public-use bar.
If someone invents a new type of phone and uses it in public or sells it to others more than a year before they apply for a patent, they may not be able to get a patent for that invention. Similarly, if someone creates a new type of software and shares it with others without a pledge of secrecy, they may not be able to get a patent for it if more than a year has passed since the public use or sale.
These examples illustrate how the prior-use bar can prevent someone from obtaining a patent for an invention that has already been publicly used or sold. It is important for inventors to be aware of this rule and to apply for a patent as soon as possible after creating their invention.