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Guest Post by Profs. Masur & Ouellette: Public Use Without the Public Using

Patently-O

What is it that makes a usepublic” 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?

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“Prior public use”: an effective ground for opposition against the grant of a European patent

Garrigues Blog

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.

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Federal Circuit Clarifies Public Use Bar Requirements in Win for Hologic Against Minerva

IP Watchdog

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).

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Public-Use Bar: What Startups Need to Know

IP Watchdog

However, fewer startups are aware of the public-use bar and how activities pursued with the goal of growing their businesses may unwittingly invoke it.

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Right to Health and the Issue of Compulsory Licensing for Exorbitantly Priced Risdiplam

SpicyIP

Is Government Use a Discretion of the Government? The right to life and right to health is guaranteed under Article 21 of the Constitution of India. The term public used in Section 92(1)(ii) and other provisions of the Patents Act, 1970 leaves no doubt that public before non-commercial use refers to people in general.

Licensing 105
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The free evaluation of evidence of prior use (T 0042/19)

The IPKat

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 ).

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Exporting Patents: Boiled, Broiled, Barbecued or Fried

Patently-O

The new law creates two avenues for liability: Supplying a “substantial portion” of the uncombined components of the patented invention from the US in a way that induces combination abroad. Deepsouth has important implications beyond the component-export arena. Deepsouth at 531.

Patent 122