Art Confidentiality Invention Public Use 
The IPKat
JANUARY 31, 2023
The recent Board of Appeal decision in T 0670/20 considered whether patients in a clinical trial were under conditions of confidentiality. The question became whether the patients could be considered members of the public, and whether their participation in the clinical trial therefore constituted prior public use of the formulation.
Garrigues Blog
NOVEMBER 15, 2021
One of the most effective ways of obtaining the revocation is to prove “prior public use”. It should be borne in mind that the EPO will already have conducted a search of the state of the art and an examination of the merits of the patent in question. We look at what this consists of below. However, this is not an easy task.
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Larson & Larson
FEBRUARY 13, 2021
Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand. What is Prior Art? You may have heard the term ‘prior art’ before in the context of patents.
LexBlog IP
FEBRUARY 21, 2023
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. § Minerva did not disclose the devices under any confidentiality obligations, despite the commercial nature of the event. § 102(b).
Patently-O
AUGUST 13, 2021
The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” A new petition asks the court to examine the phrase again and help define when a document crosses the publication threshold. 102(a)(1).
IP Tech Blog
FEBRUARY 9, 2022
the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). The issue at the heart of ALJ Cheney’s decision was whether the Leahy-Smith America Invents Act’s (AIA) amendments to the on-sale bar in 35 U.S.C.
LexBlog IP
FEBRUARY 9, 2022
the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). In its 2018 decision in Helsinn Healthcare S.A. Teva Pharmaceuticals USA, Inc. , ” 35 U.S.C. § § 102(b) (pre-AIA).
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