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

Garrigues Blog

The opposition procedure for European patents, enables third parties, within nine months of the publication of the mention of the grant of the patent, to oppose that patent at the European Patent Office (EPO). One of the most effective ways of obtaining the revocation is to prove “prior public use”.

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Printed Publication: Documents Made Available only to Customers

Patently-O

The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” ” That language has carried through the various major patent law overhauls and continues as a prominent aspect of 35 U.S.C. by Dennis Crouch. 102(a)(1). 869, 877 (Fed.

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Key Points from the USPTO’s New Guidance on AI Use

IP Intelligence

Implications for Patent/Trademark Prosecutors and Holders The U.S. Patent and Trademark Office (USPTO) recently issued guidance on the use of artificial intelligence (AI), particularly generative AI, in Intellectual Property (IP) practices involving documents filed at the USPTO.

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Functional Medical Device Demonstrated at Trade Show Trigged On Sale Bar of pre-AIA 102(b)

LexBlog IP

9,186,208 on surgical devices for a procedure called endometrial ablation were anticipated under the public use bar of pre-AIA 35 U.S.C. § Minerva did not disclose the devices under any confidentiality obligations, despite the commercial nature of the event. Hologic, Inc., § 102(b).

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Never too late: if you missed the IPKat last week

The IPKat

Patents Benjamin unpacked a patent royalties dispute between the University of Oxford and a student inventor, where the English High Court explained which categories of students should be treated as consumers for the purposes of consumer protection law, and why. We can’t believe it’s already February. Here’s what you missed last week.

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

Trading Secrets

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement). enablement). Thankfully, the U.S.

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

The IPKat

Witness testimony heard at first instance can not be considered superior or inferior to documents considered on appeal. Striking the middle ground In T 0042/19 , the patent in question ( EP2846857 ) related to an injection device. The Board of Appeal agreed with the OD that the prior use had not been sufficiently proven.