2023 Invention Public Use 
JD Supra Law
MARCH 7, 2023
Be careful of showing your claimed inventions at tradeshows. On February 15, 2023, the Federal Circuit (“CAFC”) affirmed a summary judgment ruling that, by merely showcasing an embodying device at an industry event (the “Event”), Minerva Surgical, Inc.
Patently-O
AUGUST 5, 2024
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. 2023-1336 (Fed. Sanho Corp. July 31, 2024).
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The IPKat
DECEMBER 22, 2023
Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?
The IPKat
JANUARY 16, 2025
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. Final Thoughts The issue of prior use is, of course, a hot topic at the moment as we await the outcome of the referral to the EBA in G1/23 ( IPKat ).
IP and Legal Filings
MAY 10, 2024
It’s the first important step towards protecting owner’s rights and its lawful public use. If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Before the knowledge or invention is transferred, the owner must make sure they own rights over it.
Patently-O
FEBRUARY 6, 2023
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.,
Trading Secrets
APRIL 18, 2023
In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.
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