Remove 2023 Remove Inventor Remove Public Use
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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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Key Points from the USPTO’s New Guidance on AI Use

IP Intelligence

Patent claims, for example, require that all claims have a significant contribution by a human inventor. One such approach would be to indicate which examples are “actual working examples” from inventors and which are “prophetic examples” drafted by AI. July 7, 2023). [2] persons may be deemed an export.” [2] Avianca Inc.,

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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.” Mostly funded through a public KickStarter campaign).

Invention 111
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The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application. Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything? Use of large language models in the patent industry: A risk to patent quality? Looking beyond ST.26:

Invention 108
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The IPKat EPO Boards of Appeal Year in Review 2022

The IPKat

Despite the EPO's continued insistence that the issue is settled ( IPKat ), we can expect the issue to rumble on into 2023. Even if (as has been suggested by observers prepared to be forgiving to the EPO) the couple are patent attorneys, the girl has nonetheless disclosed her invention just by using it on the public streets of Munich.

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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). .”

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The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart

SpicyIP

The purpose of this right is to enable the government to fully realise the potential of the public-funded IPR in question if it is being underutilised by the inventor institute. which requires patented products to be significantly manufactured in the US until it is commercially infeasible.