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.

Patent 40

Patent Invention Inventor Patent Application 40

The IPKat

DECEMBER 22, 2023

The topic of prior use has been elevated to the status of a referral to the Enlarged Board of Appeal ( G1/23 ). This is one to watch for 2024. The free evaluation of evidence of prior use (T 0042/19) New EBA referral: When is prior use of a product excluded from the prior art for lack of enablement?

Invention 108

Invention Inventor Patent Law 108

The IPKat

JUNE 2, 2024

It is also possible to patent the second medical use of a known drug, e.g. in a different disease or at a different dose ( Article 54(4) EP ). Importantly, under European patent law, a claim to a substance or composition for use in a method of treatment is construed to include the treatment effect as a functional feature.

Invention 56

Invention Art Patent Law 56