Gianna first marketed her automatic backscratcher to the public 30 months ago and has been tinkering with its design ever since. Deciding that the original design was as good as it was going to get, she took it to a patent lawyer last week. He told her that, under the Patent Act, she will not be able to patent it because she has left it too late. He would not have said that if Penny had approached him two months after she first started marketing it.

Question

Quizplus · Accepted Answer

Under the U.S. Patent Act, an inventor has a 12-month grace period from the first public disclosure, offer for sale, or public use of an invention to file a patent application. Since Gianna waited 30 months after first marketing her automatic backscratcher, she has exceeded this period, making her invention ineligible for patent protection.

Gianna First Marketed Her Automatic Backscratcher to the Public 30