Expert: George H. Morgan, P.E., Patent Agent - 7/27/2011

Question
Hello, my friend.

I realize that you must be busy, and thank you very much for being willing to answer questions. Fortunately, this one is short.

I am the one who researched, wrote, sourced, and illustrated the article below.

http://en.wikipedia.org/wiki/Thompson_Ramo_Wooldridge_Low-Maintenance_Rifle

This invention was never classified, but so far I can find no patent for it. On the other hand, I am not very experienced at conducting searches. I would pay for someone to conduct an expert search if I thought the search was likely to find something, but I must try to take into account that the invention never left the prototype stage and that the project only ran from 1971-1973. In your opinion, is it likely that perhaps nobody ever bothered to apply for a patent? Might there have been a situation where, even though the invention functioned properly, the feeling was that it should not be patented until the final version was ready? Such a decision would seem to make no sense, but I am not an expert and so that is why I am asking for your opinion.

Thank you very much for your time and attention.

Sincerely,

Julian Garberson

Answer
Only the inventor can file for a patent, and it has to be novel, i.e. in the U.S. that means it was not offered for sale or publicized within the previous year. The U.S. has a grace period of one year. Most of the world has no grace period.

So, it is too late even for the inventor to file for a patent on what is already out there, publicized, for over a year, here in the U.S.

You might try searching at www.USPTO.gov under the name of the possible inventor to see if he was awarded a patent.

Best wishes,

George H. Morgan