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This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior publicuse. 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.
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 publicuse or on sale in this country, more than one year prior to the date of the application for patent in the United States.”
At the very least, LLMs have substantially lessened the burden of sourcing cat-themed patentblog illustrations. This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patentapplication.
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.
MYTH 2: A GOOD IDEA ALONE IS ENOUGH FOR PATENT FILING Patentapplications 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.
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 publicuse or on sale.
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 publicuse or on sale.
Types of Patent Opposition in India. In a pre-grant opposition, third parties are given the opportunity to oppose the grant of the patent, just after the publication of the patentapplication. In a post grant opposition, an interested party can oppose after the patent is granted.
This has been an issue discussed in detail on the blog in the past as well (see here , here , here , here , and most recently here ). While at places it seems to indicate that FMC agrees that CTPR is covered within IN’978 given that FMC argues for patentability of compounds within the coverage of the genus patent (see paras 11.6
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