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Simple English definitions for legal terms
prior publication
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A quick definition of prior publication:
Prior publication refers to when information about an invention is made available to the public before a patent application is filed. If this happens more than a year before the application is filed, the patent cannot be granted. Publication can also refer to the act of making a work available to the public, either through distribution or announcement. Before the Copyright Act of 1976, publication was an important factor in determining state and federal protection for a work. There are different types of publication, including limited publication (distribution to a selected group for a limited purpose), general publication (distribution to the public), and private publication (limited publication). In the context of defamation, publication refers to the communication of defamatory words to someone other than the person defamed. Finally, in the context of wills, publication refers to the formal declaration made by a testator when signing the will that it is their will.A more thorough explanation:
Definition: Prior publication refers to the act of making information available to the public before filing a patent application for an invention. If the publication was made more than a year before the application is filed, the patent is barred by statute. Publication occurs when the information is made available to any member of the general public.
Examples:
- Posting details about an invention on a public website
- Publishing an article in a magazine that describes the invention
- Presenting the invention at a public conference or trade show
These examples illustrate how prior publication can occur through various means, such as online or in print, and can happen at events where the public is invited to attend.