I found this information on the US Patent office website. Novelty And Non-Obviousness, Conditions For Obtaining A Patent In order for an invention to be patentable it must be new as defined in the patent law, which provides that an invention cannot be patented if: “(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent,” or “( the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States . . .” I would think the part about the item being known or used one year prior to the patent being applied for would cover the question. There is more info on the US Patent site...relating to this matter. Bill Jacksonville Fla.