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?

Public Use 92

Public Use Inventor Invention Art 92

Garrigues Blog

NOVEMBER 15, 2021

One of the most effective ways of obtaining the revocation is to prove “prior public use”. the subject-matter of the European patent extends beyond the content of the application as filed (article 100(c) in relation to article 123(2) EPC). We look at what this consists of below. However, this is not an easy task.

Public Use 98

Public Use Patent Invention Art 98

IP Watchdog

FEBRUARY 15, 2023

Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued a precedential opinion clarifying the requirements for the disclosure of technology that is ready for patenting at a public event to qualify as being “in public use” for purposes of the pre-America Invents Act (AIA) public use bar under 35 USC 102(b).

Public Use 69

Public Use Invention Technology Patent 69

Patently-O

JANUARY 17, 2022

Although Deepsouth was barred from using Laitram’s patented inventions throughout the United States , Deepsouth began selling its deveining machine to folks outside of the US in a partially constructed form. patent law. We know that U.S. patents are territorially limited. Deepsouth at 531.

Patent 122

Patent Invention Litigation Patent Law 122

Kashishipr

NOVEMBER 10, 2021

The concept of compulsory licensing can be said to have arisen out of the obligation within the Statute of Monopolies of 1623, which provided for the provision of utilizing a patented invention to be applied locally. These measures may be adopted by member states for other reasons as well, in favor of public interest.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

The IPKat

MAY 15, 2023

By contrast, the dissenting decision in T 1604/16 found that the principle of the free evaluation of evidence does not limit the competency of the Boards of Appeal to review appealed decisions in full, as provided in the explanatory remarks to Article 12(2) RPBA 2020 ( IPKat ).

Confidentiality 132

Confidentiality Law Public Use Invention 132

Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. All of us at the Garrigues IP Blog would like to wish you a very happy new year. What is the right of prior use or “pre-use”?

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52