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Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

The IPKat

The recent Board of Appeal decision in T 0670/20 considered whether patients in a clinical trial were under conditions of confidentiality. The question became whether the patients could be considered members of the public, and whether their participation in the clinical trial therefore constituted prior public use of the formulation.

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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”. One of them is undoubtedly, “prior public use”, since unless the case is very evident, the EPO is not usually able to collect this type of evidence as a result of the search that it conducts for the state of the art during the grant procedure.

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

Trading Secrets

Although ChatGPT does not currently train on user data (its last training session was in 2021), its data policy for non-API access says it may use submitted data to improve its AI models. Users are warned against sharing sensitive information, as specific prompts cannot be deleted. enablement). enablement). Thankfully, the U.S.

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

LexBlog IP

Although ChatGPT does not currently train on user data (its last training session was in 2021), its data policy for non-API access says it may use submitted data to improve its AI models. Users are warned against sharing sensitive information, as specific prompts cannot be deleted. enablement). enablement). Thankfully, the U.S.

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

LexBlog IP

Although ChatGPT does not currently train on user data (its last training session was in 2021), its data policy for non-API access says it may use submitted data to improve its AI models. Users are warned against sharing sensitive information, as specific prompts cannot be deleted. enablement). enablement). Thankfully, the U.S.

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

IP Intelligence

The USPTO begins with a review of the duties of candor and good faith, confidentiality, and export regulations. If an AI-drafted claim or alternative embodiment added to a claim lacks human inventorship, such information may be material to patentability and potentially subject to a duty to disclose information to the USPTO.

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

The IPKat

The Opponent submitted evidence of alleged prior use in the form of the insulin injection pen ( GensuPen ). The Opponent argued that the claimed invention lacked novelty in view of the prior use of the GensuPen ( Article 54(2) EPC ). The Opposition Division (OD) found that the alleged prior use was not sufficiently proven.