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An Inventor may be denied a patent if "the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States".
If you were to disclose your invention in sufficient detail to allow someone skilled in the pertinent art to make and use the invention (an "enabling" disclosure) in written form (e.g., an academic journal, seminar presentation handouts, a thesis or a dissertation) more than one year prior to the filing of an application for patent, then this disclosure is a bar to obtaining a patent on the invention.
A public use could result from demonstration of the invention at a trade show or conference, if based on that demonstration one skilled in the pertinent art could make and use the invention. Public testing of the invention must be conducted with care to avoid that testing constituting a "public use".
Offers to sell the invention, where either party is located in the United States, constitute a bar to patent protection in the U.S. if made more than one year prior to the patent application filing date. An offer to license rights in the invention does not constitute an offer to sell the invention.
As indicated under section 2 above, dealings with potential licensees, buyers, or developers can lead to a statutory bar against patent protection of the invention. Such persons or organizations must sign confidentiality agreements prior to negotiations.
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