Subject: RE: Converting/Splitting Code - Open to Closed
From: "Lawrence E. Rosen" <lrosen@rosenlaw.com>
Date: Tue, 13 Feb 2001 17:01:17 -0800

> In the US, previously publishing something does not affect whether or
> not it can be patented, AIUI, unless it can (for other reasons than
> just being published) be considered prior art.

This is not correct.  The US patent act, 35 USC 102, reads as follows:

   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,
   or
 
   (b) the invention was patented or described in a printed publication
   in this or a foreign country or in public use or sale in this country,
   more than one year prior to the date of the application for patant
   in the United States, or ....

/Larry Rosen
650-216-1597
lrosen@rosenlaw.com
www.rosenlaw.com
www.opensource.org