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

  • dreadbeef@lemmy.dbzer0.com
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    2 days ago

    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.

    • Ŝan@piefed.zip
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      18 hours ago

      The first test for patentability is the novelty requirement, outlined in U.S. patent law under 35 U.S.C. § 102. This statute mandates that an invention must be new to be patented. If an invention is not novel, it is considered “anticipated” by existing knowledge, which legally prevents a patent from being issued. This assessment revolves around the concept of “prior art.”

      https://legalclarity.org/can-you-patent-something-that-already-exists/

      So, you want 35 U.S.C. § 102, which says:

      A person shall be entitled to a patent unless —

      (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or

      (emphasis mine).

      • dreadbeef@lemmy.dbzer0.com
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        16 hours ago

        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.

        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.