Patently-O

FEBRUARY 6, 2023

The utility patent at issue covers a petunia plant. 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 oddity of this utility patent is that it claims an ornamental plant.

Public Use 75

Public Use Invention Inventor Confidentiality 75

Intellectual Property Brief

MARCH 23, 2023

The public display of simply a prototype of a patentable technology for marketing purposes, over a year prior to its patenting, is enough to rule that the technology is in public use, ready for patenting, and is thus invalid. filed a patent for a medical device called the Aurora. Minerva Surgical Inc.

Public Use 52

Public Use Technology Marketing Marketing 52

JD Supra Law

FEBRUARY 24, 2023

Addressing the public use bar of pre-America-Invents-Act (AIA) 35 U.S.C. § 15, 2023) (Prost, Reyna, Stoll, JJ.). Minerva Surgical, Inc. Minerva Surgical, Inc. Hologic, Inc., 21-2246 (Fed. By: McDermott Will & Emery

Public Use 55

Public Use Invention Art Patent 55

IP and Legal Filings

MAY 10, 2024

Its gained momentum with the advent of importance in R&D and patent registration. It’s the first important step towards protecting owner’s rights and its lawful public use. The transfer is facilitated in India by the Indian Patent office. Well, it helps in commercialisation of the invention by allowing its public use.

Intellectual Property 105

Intellectual Property Technology Licensing Invention 105

LexBlog IP

FEBRUARY 21, 2023

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).

Invention 52

Invention Public Use Inventor Confidentiality 52

The IPKat

JUNE 2, 2024

The recent Board of Appeal case T 0209/22 is yet another decision demonstrating the relatively permissive approach in Europe to medical use inventions. The patent related to the medical use of a combination of known drugs. The patent did not include any patient data for the drug combination.

Invention 59

Invention Art Patent Law 59

The IPKat

DECEMBER 24, 2022

Despite the EPO's continued insistence that the issue is settled ( IPKat ), we can expect the issue to rumble on into 2023. Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) ST.26 26 sequence listings: A forward or backward step for ease of access to patent sequence data? (20 26 ( IPKat ).

Invention 78

Invention Inventor Patent Publishing 78

Trading Secrets

APRIL 18, 2023

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). The court in Hurry Family Revocable Tr.

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

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). The court in Hurry Family Revocable Tr.

Invention 59

Invention Confidentiality Privacy Public Use 59

IP Intelligence

JULY 19, 2024

Implications for Patent/Trademark Prosecutors and Holders The U.S. Patent and Trademark Office (USPTO) recently issued guidance on the use of artificial intelligence (AI), particularly generative AI, in Intellectual Property (IP) practices involving documents filed at the USPTO.

Inventor 52

Inventor Confidentiality Social Media Public Domain 52

LexBlog IP

APRIL 18, 2023

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). The court in Hurry Family Revocable Tr.

Invention 52

Invention Confidentiality Privacy Public Use 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

No earlier than July 31, 2023 per settlement. No earlier than November 20, 2023 per settlement. . No earlier than June 30, 2023 per settlement. No earlier than September 30, 2023 per settlement. No earlier than July 1, 2023 per settlement. No earlier than January 31, 2023 per settlement. January 2021.

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

JANUARY 5, 2024

It seems that the domestic pressure resulting from their ever-increasing healthcare costs has reached a point where there is finally some re-examination of how their patent system is affecting costs. which requires patented products to be significantly manufactured in the US until it is commercially infeasible.

Invention 69

Invention Government Intellectual Property IP 69

Patently-O

APRIL 6, 2023

Copyright infringement appeals are ordinarily not heard by the Federal Circuit, but in a case of what appears to be appellate-forum shopping, SAS had also included patent infringement allegations that they eventually stopped pursuing. WPL demonstrated that the SAS Language should be filtered because it is open and free for public use.

Copyright 58

Copyright Copying Copyright Infringement Fair Use 58

Patently-O

JULY 31, 2024

How long the descendible right lasts beyond the initial 10-year period depends on continued “authorized public use of the voice or visual likeness of the individual.” Post-mortem rights The NO FAKES digital replica right survives the individual for a minimum of life+10 and a maximum of life+70. What about the First Amendment?

Music 53

Music Licensing Social Media Law 53

LexBlog IP

OCTOBER 25, 2022

Patent and Trademark Office (USPTO) recently published a request for comments addressing a variety of topics related to generic drug and biosimilar competition. Senators sent a letter to the USPTO to consider changes to its regulations and practices to address “patent thickets.”

Invention 40

Invention Patent Prosecution Art Patent 40