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On January 1, 2015, Sally began work on the invention of the world's first self-cleaning dishes. After years of research and failed attempts, on April
On January 1, 2015, Sally began work on the invention of the world's first self-cleaning dishes. After years of research and failed attempts, on April 1, 2022, Sally created a ceramic surface embedded with nanotech robots that remove leftover food particles and sanitize dish plates exactly two hours after food touches the dish surface. (Assume no other scientist in the nanotech field has known, used, or written about a similar nanotech device. Also assume that Sally's invention was useful and non-obvious.) Sally kept her ceramic embedded nanotech invention a secret for a few years. However, on June 1, 2025, Sally first revealed her nanotech to the public during a public demonstration. Sally filed a patent application with the USPTO on August 1, 2025. On November 15, 2026, Sally learned that Najim had obtained a copy of her patent application and had conducted experiments using her invention from January - October 2026. Sally had never given Najim permission to conduct these experiments. Assume it is now the year 2027 and the USPTO has not yet reviewed Sally's patent application. Under U.S. Patent Law, which of the following statements is/are correct? ( 1) The USPTO will not grant patent protection to Sally's nanotech because Sally failed to meet the "one-year statutory bar." 2) Najim is NOT liable for patent infringement; 1) Assuming the USPTO ultimately GRANTS patent protection to Sally's nanotech in December 2028, the patent protection will be deemed to begin on the actual date when the USPTO actually GRANTS her patent protection; therefore, 2) Najim will NOT be liable for patent infringement for experiments he conducted in 2026; ( 1) Assuming that the USPTO ultimately grants patent protection to Sally's nanotech, Sally's patent will be protected as of August 1, 2025 --the date she filed her patent application with the USPTO. 2) Najim WILL BE LIABLE for patent infringement; ( 1) Sally's invention received patent protection on April 1, 2022, because patent protection begins immediately upon completion of a machine, process, etc. that satisfies all the conditions for obtaining a patent -- registration of the patent with the USPTO is not required; 2) Najim WILL BE LIABLE for patent infringement
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