Art Invention Public Use 
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?
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. 35 U.S.C. §
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The IPKat
JANUARY 31, 2023
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. Critically, to satisfy the prior use test, it is not necessary to show that a disclosure has in fact taken place.
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.
The IPKat
JANUARY 16, 2025
The Opponent, Avl List GmbH, challenged the patent's validity based on several grounds, including prior public use as evidenced by a user manual describing the invention. Final Thoughts The issue of prior use is, of course, a hot topic at the moment as we await the outcome of the referral to the EBA in G1/23 ( IPKat ).
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.
Patently-O
MAY 19, 2022
And the Question : Does the prior publication count as prior art in an IPR obviousness analysis? = = =. Although the Board granted the petition, it eventually concluded that the prior publication was not prior art and thus sided with the patentee in its final written decision. In re Katz, 687 F.2d 2d 450 (CCPA 1982).
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