Business, Invention and Public Use - Intellectual Property Pulse

Preserving Patent Rights: Impact of Public Use on Patenting

JD Supra Law

MARCH 10, 2025

For a business planning to market a product that incorporates an invention, having an enforceable patent to protect the invention is often desirable. By: Amundsen Davis LLC

Public Use

Public Use Patent Invention Patent Application

Public use == “accessible to the public.”

Patently-O

FEBRUARY 16, 2023

” The invention was not yet “ready for patenting” and therefore its public use was not disqualifying. .” ” The invention was not yet “ready for patenting” and therefore its public use was not disqualifying. ” See, Delano Farms Co. 3d 1243 (Fed. 3d 1376 (Fed.

Public Use

Public Use Invention Patent Business

Empowering Innovation: The Role of Intellectual Property in Technology Transfer

IP and Legal Filings

MAY 10, 2024

It’s the first important step towards protecting owner’s rights and its lawful public use. If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Before the knowledge or invention is transferred, the owner must make sure they own rights over it.

Intellectual Property

Intellectual Property Technology Licensing Invention

Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights

LexBlog IP

OCTOBER 3, 2022

The act sets up a mechanism for transferring federally funded research to be performed by businesses and nonprofits through funding agreements. The act also establishes the rights for businesses and nonprofits to patent and commercialize inventions developed within the scope of the funding agreement.

Contracts

Contracts Invention Licensing Government

Can You Patent Your Idea?

LexBlog IP

NOVEMBER 7, 2021

The United States Patent and Trademark Office (USPTO) grants patents to inventions every day. Important requirements must be met in order for an invention to be patented. Usefulness: This is a low bar to meet, fortunately. It doesn’t mean the invention has to provide some important use.

Patent

Patent Invention Patent Application Public Use

The IPKat EPO Boards of Appeal Year in Review 2022

The IPKat

DECEMBER 24, 2022

As a busy year comes, take the time to settle down with your favourite feline friend, a mince pie and the annual IPKat EPO Boards of Appeal roundup. These included the decision in T 1349/19, finding against an inventive step attack based on a step-by-step path to a goal only known from hindsight ( IPKat ).

Invention

Invention Inventor Patent Publishing

MYTH VS. REALITY: CAN YOU PATENT AN IDEA?

Intepat

OCTOBER 6, 2024

One of the most controversial topics is the patentability of an idea , as it creates confusion between the understanding of an idea and an invention. An idea is considered the first step towards building and invention. Therefore, it’s the invention that could get patented and not the idea.

Patent

Patent Invention Public Domain Intellectual Property

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

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

Patent Infringement Invention Patent Patent Law

Patent Opposition in India

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

However, this raises question of the misuse of opposition to prevent patents with great competitive value thereby affecting the business of competitors. They are as follows: The invention is wrongfully obtained. Publication of invention before the priority date. Prior claiming of invention in other specification.

Patent

Patent Invention Patent Application Patent Prosecution

My Word! Design Patents on a Typeface

LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. Because of this, a popular use of design patents is to protect the outside of common consumer products. It’s never an easy question for a company to decide whether to protect some aspect of its business through IP law, and then which form it should choose for that protection.

Design Patent

Design Patent Designs Design Patent

Post-Grant Review

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Post-grant review was introduced by the America Invents Act (AIA) as a counterpart to inter partes review. As of September 16, 2012 post-grant review became available for covered business method patents irrespective of their priority date.

Litigation

Litigation Settlement Patent Public Use

The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart

SpicyIP

JANUARY 5, 2024

According to the NIST, the US govt invests approximately $115 billion in R&D through various universities, non-profits, and businesses. March-in rights are provisions that allow the government to require a license for inventions stemming from this investment, upon the fulfilment of certain conditions.

Invention

Invention Government Intellectual Property IP

Biosimilars 2020 Year in Review

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. Hospira , 944 F.3d

Settlement

Settlement Litigation Marketing Marketing

Intellectual Property Pulse

Preserving Patent Rights: Impact of Public Use on Patenting

Public use == “accessible to the public.”

Trending Sources

Empowering Innovation: The Role of Intellectual Property in Technology Transfer

Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights

Can You Patent Your Idea?

The IPKat EPO Boards of Appeal Year in Review 2022

MYTH VS. REALITY: CAN YOU PATENT AN IDEA?

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

Patent Opposition in India

My Word! Design Patents on a Typeface

Post-Grant Review

The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart

Biosimilars 2020 Year in Review

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