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Old 11-25-2012, 12:41 PM   #134 (permalink)
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The instant you post anything on the internet, if you do not already have a provisional application filed with the Patent Office, your innovation is in the public domain and not patentable.
Even then your patent application is subject to any "prior art" that preceeded your application, any time, anywhere.
Another threshold is the "obvious to someone educated in the art" rejection provision that is very difficult to overcome when the examiner takes the position that it was "obvious".
You are required by law to submit any prior art you discover to the Patent Office, even though it may actually cause your application to be rejected. It does not matter if the design is hundreds of years old or from any other country on the Planet. If it is prior art that reqpresents the "novelty" of you innovation, you will probably never see a Patent issued.
While you may feel that you have true innovation in your design, the burden of proof is practically insurmountable, and even after you get a Patent, it is subject to legal review and subsequent rejection, even after approval.
regards
Mech
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