Patently-O

FEBRUARY 26, 2023

What is it that makes a use “public” for purposes of the public use bar? Does it matter whether the person doing the using is a member of the public, as opposed to the inventor? Or does it matter whether the use is itself in public, as opposed to taking place in secret behind closed doors?

Public Use 92

Public Use Inventor Invention Art 92

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. July 31, 2024). Sanho Corp. 2023-1336 (Fed.

Invention 111

Invention Inventor Art Public Use 111

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?

Invention 112

Invention Inventor Patent Law 112

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

Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed.

Invention 40

Invention Patent Inventor Patent Application 40