Remove 2023 Remove Confidentiality Remove Public Use
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A more nuanced approach to the evidence standard for prior use (T 1311/21)

The IPKat

The Opponent, Avl List GmbH, challenged the patent's validity based on several grounds, including prior public use as evidenced by a user manual describing the invention. A more nuanced standard to the assessment of evidence for prior use? Both parties appealed the OD decision.

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The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

25 sequence listing added to the pages of a divisional has now been issued ( OJ EPO 2023, A98 ). 26 sequence listing requirement for divisionals but compromises on excess page fees US versus EPO on functional inventions The biggest patent event across the pond this year was the US Supreme Court decision in Amgen v Sanofi.

Invention 112
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Federal Circuit Narrows AIA Grace Period: Public Disclosure Must Make Invention ‘Reasonably Available’

Patently-O

2023-1336 (Fed. The basic holding is that the 102(a)(2)/(b)(2) safe harbor triggered by an inventor’s pre-filing “public disclosure” of the invention requires that the invention be made “reasonably available to the public.” ” Neither public uses nor private sales satisfy this requirement.

Invention 111
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How Does One “Use” Flowers?

Patently-O

Here, the Federal Circuit has affirmed that the claims are invalid based upon a pre-filing trade-show display of the ornamental plant — holding that the display counted as a “public use.” ” The inventors here used conventional plant breeding to create a new form of petunia (Calibrachoa). Microsoft Corp.,

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Functional Medical Device Demonstrated at Trade Show Trigged On Sale Bar of pre-AIA 102(b)

LexBlog IP

2021-2246 ] (February 15, 2023), the Federal Circuit affirmed summary judgment that the asserted claims of U.S. 9,186,208 on surgical devices for a procedure called endometrial ablation were anticipated under the public use bar of pre-AIA 35 U.S.C. § Hologic, Inc., § 102(b).

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Spilling Secrets to AI: Does Chatting with ChatGPT Unleash Trade Secret or Invention Disclosure Dilemmas?

Trading Secrets

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement). enablement). Thankfully, the U.S.

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Spilling Secrets to AI: Does Chatting with ChatGPT Unleash Trade Secret or Invention Disclosure Dilemmas?

LexBlog IP

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement). enablement). Thankfully, the U.S.