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Can I Patent a Product that I’m Currently Selling?

The United States Code provides that a product that has been present in the public domain for more than 12 months is no longer patentable. The 12 month anniversary establishes a statutory bar against patentability; you have 12 months from the date that you first made it public to file your patent application. A patent must be filed within the 12 month period to preserve your patent rights.