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Does Displaying a Flowering Plant Preclude Patenting It?

The IP Law Blog

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. Wingen LLC (“Wingen”) applied for a reissue of its utility patent for a Calibrachoa plant, called Cherry Star, which is similar to a petunia. For example, in Motionless Keyboard Co.

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Yes, A Secret Process Can (Still) Create an On-Sale Bar

IP Tech Blog

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.”

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The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

At the very least, LLMs have substantially lessened the burden of sourcing cat-themed patent blog illustrations. This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application.

Invention 112
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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

To qualify for the “prior use” exception, the third party must have acted in good faith and the preparation acts carried out before the priority date must have been oriented towards real commercial use of the invention. All of us at the Garrigues IP Blog would like to wish you a very happy new year.

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MYTH VS. REALITY: CAN YOU PATENT AN IDEA?

Intepat

MYTH 2: A GOOD IDEA ALONE IS ENOUGH FOR PATENT FILING Patent applications are detailed and require information about different aspects of the invention; therefore, mere outlining of the idea, no matter how good it is, cannot be patented without explaining the workings and the practical aspects of that idea.

Patent 52
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Spilling Secrets to AI: Does Chatting with ChatGPT Unleash Trade Secret or Invention Disclosure Dilemmas?

Trading Secrets

This article was originally published on Seyfarth’s Gadgets, Gigabytes & Goodwill blog. If there is anything movies like The Terminator have shown us, it’s that AI systems might one day become self-aware and wreak havoc. Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

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Spilling Secrets to AI: Does Chatting with ChatGPT Unleash Trade Secret or Invention Disclosure Dilemmas?

LexBlog IP

This article was originally published on Seyfarth’s Gadgets, Gigabytes & Goodwill blog. If there is anything movies like The Terminator have shown us, it’s that AI systems might one day become self-aware and wreak havoc. Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.