Remove 2011 Remove Patent Remove Public Use
article thumbnail

Public use == “accessible to the public.”

Patently-O

by Dennis Crouch Bottom line in this new Minerva case — file your patent application before bringing a new product to a trade show. Minerva’s ‘208 patent claims a device for endometrial ablation and includes a 2011 priority filing date. Minerva Surgical, Inc. It was also pitched to a potential acquirer.

article thumbnail

Statutory Text vs. Precedent: Analyzing the AIA’s On-Sale Bar for Secret Processes in Celanese v. ITC

Patently-O

patent law over the past several decades, the America Invents Act of 2011 was clearly the most dramatic rewriting of the law since 1952. 102(a)(1) now reads: A person shall be entitled to a patent unless. (a)(1) Continue reading this post on Patently-O. My bet is on the precedent.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Federal Circuit Narrows AIA Grace Period: Public Disclosure Must Make Invention ‘Reasonably Available’

Patently-O

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. Sanho Corp. 2023-1336 (Fed. July 31, 2024). .”

Invention 111
article thumbnail

Post-IPR Estoppel: Printed Publication vs. Actual Product Shown in the Publication

Patently-O

As is usual these days, ELCO turned-around and filed an inter partes review petition — challenging the patent’s validity based upon a 2011 product catalog (printed publication) that had featured the Hatteras lighting product. DMF sued ELCO Lighting in 2018 for infringing DMF’s U.S. 9,964,266.

article thumbnail

The Inventive Entity and Prior Publication by Another

Patently-O

Cheyer & Martin (but not Moran) file for patent protection on aspects of the OAA that were not fully disclosed within the original publication. And the Question : Does the prior publication count as prior art in an IPR obviousness analysis? A person shall be entitled to a patent unless —. (a) Duncan Parking Techs.,