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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

This opposition procedure for European patents is particularly useful when the patent in question is hindering our commercial interests and we have adequate reasons to revoke its registration. One of the most effective ways of obtaining the revocation is to prove “prior public use”. We look at what this consists of below.

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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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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). 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). 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). Thankfully, the U.S.

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

The IPKat

The Patentee argued that the GensuPen had only been given out as part of a trial under conditions of confidentiality ( Cf. The Board of Appeal agreed with the OD that the prior use had not been sufficiently proven. First, no background information was given about the mysterious Ms Simon.