Patently-O

AUGUST 13, 2021

The court relied upon additional facts not found in the question presented–noting that the document in question was distributed to hundreds of customers over a span of years and without any confidentiality restrictions; and that product advertisements were designed to attract persons of skill in the art. 102(a)(1).

Confidentiality 92

Confidentiality Advertising Advertising Invention 92

JD Supra Law

SEPTEMBER 20, 2024

The Leahy-Smith America Invents Act provides exceptions for certain disclosures that would otherwise be considered prior art under 35 U.S.C. § 102(a)(1) provides, in part, that a person is not entitled to a patent if the claimed invention was in public use, on sale, or otherwise available to the. 2] Specifically, 35 U.S.C. §

Inventor 59

Inventor Invention Public Use Art 59

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). Microsoft Corp.,

Public Use 75

Public Use Invention Inventor Confidentiality 75

JD Supra Law

FEBRUARY 24, 2023

Addressing the public use bar of pre-America-Invents-Act (AIA) 35 U.S.C. § Minerva Surgical, Inc.

Public Use 55

Public Use Invention Art Patent 55

IP Law 360

MAY 15, 2024

and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan. A comparison of recent U.S.

Patent 52

Patent Public Use Art 52

Patently-O

SEPTEMBER 9, 2021

The difference now is that they are not simply raising the defense based upon the printed publication but rather are presenting the actual product as prior art based upon it being “in public use, on sale, or otherwise available to the public.” ” 35 U.S.C.

Invention 78

Invention Art Litigation Public Use 78

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. , Kenyon Bearing & Auto Parts Co., 2d 516 (2nd Cir.

Patent Law 91

Patent Law Law Patent Invention 91

Patently-O

OCTOBER 4, 2022

As a general rule of thumb, the prior art disclosure of a chemical species anticipates (and thus renders unpatentable) a chemical genus encompassing that species. The prior art disclosure of a chemical genus, on the other hand, generally does not anticipate a species falling within the scope of the genus – except when it does.

Art 75

Art Patent Marketing Marketing 75

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. § The Federal Circuit then pointed out that at the time of the public use, the technology was “ready for patenting.” § 102(b).

Invention 52

Invention Public Use Inventor Confidentiality 52

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. a) Novelty; Prior Art.—A

Invention 56

Invention Inventor Art Patent 56

The IPKat

JUNE 2, 2024

The prior art included a summary of the phase I clinical trial protocol. Novelty: A clinical trial in healthy volunteers is not a disclosure of a treatment effect T 0209/22 related to the patent ( EP2506844 ) directed to combination of known drugs for use in the treatment of asthma and COPD.

Invention 59

Invention Art Patent Law 59

Patently-O

JANUARY 21, 2023

Identify any specific sources of prior art not currently available through the Patents End-to-End Search system that you believe examiners should be searching. How should the USPTO facilitate an applicant’s submission of prior art that is not accessible in the Patents End-to-End Search system ( e.g., “on sale” or prior public use)?

Patent 95

Patent Invention Patent Prosecution Art 95

Kluwer Copyright Blog

MARCH 8, 2023

Among other modifications, special attention should be given to the enactment of the new Art. 51B, which transposes the much-debated Art. 2121/1993 on “Related Rights”, just after Art. 2121/1993 on “Related Rights”, just after Art. On the contrary, but in compliance with Recital 58 in fine , Art. 15 of the CDSMD.

Publishing 52

Publishing Art Related Rights Marketing 52

IP Tech Blog

FEBRUARY 9, 2022

The pre-AIA version of the §102 on-sale bar stated that a person shall be entitled to a patent unless “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.”

Invention 57

Invention Confidentiality Public Use Patent 57

43(B)log

FEBRUARY 19, 2022

Mark Lemley & Sari Mazzurco, The Exclusive Right to Customize Aftermarket customization, sometimes shoes into art and sculpture, sometimes shoes into more decorated shoes. Is it art, collaboration, or something else? We don’t want it to be based on intent—McDonald’s can intend art. Lemley: Hard to separate artists from art.

Trademark Law 72

Trademark Law Trademark Art Brands 72

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 ). 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? This is one to watch for 2024.

Invention 112

Invention Inventor Patent Law 112

LexBlog IP

FEBRUARY 9, 2022

The pre-AIA version of the §102 on-sale bar stated that a person shall be entitled to a patent unless “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.”

Invention 52

Invention Confidentiality Inventor Public Use 52

43(B)log

NOVEMBER 19, 2021

This designation did not indicate that Valtoco was safe or effective for public use but, instead, operated to qualify Neurelis for various development incentives, like tax credits and potential exclusivity for seven years if the FDA ultimately approved Valtoco.”

Designs 56

Designs Design Patent Prosecution Art 56

Intepat

JANUARY 17, 2023

It can include the advantages of the invention to indicate the areas of application and the preferable use. Prior art and problem to be solved. If the invention is an improvement over an existing invention, then the applicant should give a statement to that effect of the closest prior art known by the applicant.

Invention 52

Invention Patent Public Domain Inventor 52

IP Whiteboard

AUGUST 30, 2020

The artwork, titled Jarragini (buffalo), is by Indigenous artist Chris Black who works with the Jilamara Arts and Crafts Association ( Jilamara ) and was born in the Milkapti Community in the Tiwi Islands. communicate the work to the public. an exception permitting the use does not apply. 1] [link]. [2] 2] [link]. [3]

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

The TTABlog

APRIL 21, 2022

Spiritual Arts Institute , Cancellation No. The Board observed that "any term that the relevant public uses or understands to refer to the genus of goods, or a key aspect of a sub-group of the genus, is generic." Implicit in the genericness holding was a finding that the registered mark is highly descriptive of those services.

Registration 40

Registration Public Use Art Trademark 40

IP Intelligence

JULY 19, 2024

The USPTO asserts that “[b]y signing, that person is certifying that they have performed a reasonable inquiry – including not just reviewing the IDS form but reviewing each piece of prior art listed on the form – and determined the paper is compliant with 37 CFR 11.18(b).” Therefore, while AI tools can be used to assist with forms (e.g.,

Inventor 52

Inventor Confidentiality Social Media Public Domain 52

The IPKat

DECEMBER 24, 2022

Board of Appeal finds no legal basis for the requirement to amend the description in line with the claims (T1989/18) (26 Dec 2021) Can amending the description to summarize the prior art add matter to the patent application as filed? (T

Invention 78

Invention Inventor Patent Publishing 78

Biswajit Sarkar Copyright Blog

JULY 19, 2022

There’s a significant probability that someone already owns the rights to the content even if you cannot locate an explicit declaration stating that it is intended for public use. It would be preferable to obtain written authorization from the copyright owners before using the original content.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

LexBlog IP

JANUARY 5, 2022

And, it goes like this–the relevant concept in the United States is that a person shall “ no[t] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” ”); James v. Campbell , 104 U.S.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

SpicyIP

AUGUST 15, 2021

First , when the preferred embodiments from the complete specification of the genus patent are applied to the concerned Markush structure, it led to CTPR, as the defendant demonstrated using a chart. Anticipation by Prior Publication and Lack of Novelty.

Invention 52

Invention Patent Publishing Patent Infringement 52

Above the Fold

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. The essential elements of a design patent are that the new creation be “new, original and ornamental.” [8].

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The parties are currently engaged in supplemental expert discovery on Hospira and Pfizer’s on-sale bar and public use defenses, and the court has resolved two discovery disputes this year stemming from these issues. 9,643,997, which is directed to protein purification. A jury trial is scheduled for May 17, 2021.

Litigation 52

Litigation Settlement Marketing Marketing 52

LexBlog IP

OCTOBER 25, 2022

Identify any specific sources of prior art not currently available through the Patents End-to-End Search system that you believe examiners should be searching.

Invention 40

Invention Patent Prosecution Art Patent 40

LexBlog IP

JANUARY 10, 2024

” US Const., It is strange because that would mean that the unpublished portions would also be government works available for public use. And interviews involving Donald Trump have long been likened to performance art, even in periods before his presidency. II, Section 3. ’” Dkt.

Ownership 52

Ownership Copyright Government Intellectual Property 52