Art Inventor 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
The basic holding is that the 102(a)(2)/(b)(2) safe harbor triggered by an inventor’s pre-filing “public disclosure” of the invention requires that the invention be made “reasonably available to the public.” ” Neither public uses nor private sales satisfy this requirement.
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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.
JD Supra Law
SEPTEMBER 20, 2024
Recently, the Federal Circuit affirmed a PTAB decision finding that a private sale of a product did not constitute a public disclosure by the inventor of the product. The Leahy-Smith America Invents Act provides exceptions for certain disclosures that would otherwise be considered prior art under 35 U.S.C. §
Patently-O
AUGUST 22, 2022
And, once a patent expires (or is refused or forfeited by public use), the balance allows “free access to copy whatever the federal patent and copyright laws leave in the public domain.” ” Compco Corp. Day–Brite Lighting, Inc. , Metallizing Engineering Co. Kenyon Bearing & Auto Parts Co., 2d 516 (2nd Cir.
Patently-O
FEBRUARY 6, 2023
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 inventors here used conventional plant breeding to create a new form of petunia (Calibrachoa).
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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