After claiming (also "late claiming") is the practice of filing a US patent application after the publication by a third party of a description of the same invention. This is possible in US patent law since an inventor has one year after the publication of the description of an invention to get a patent application on file.
In order to get the patent, however, the inventor must submit a declaration supported by evidence that he or she conceived of the invention before the third-party publication. The inventor must also provide evidence that he or she was diligent in either reducing the invention to practice or in filing the patent application.
Famous quotes containing the word claiming:
“And then, Sir, there is this consideration, that if the abuse be enormous, Nature will rise up, and claiming her original rights, overturn a corrupt political system.”
—Samuel Johnson (1709–1784)