The IPKat

JANUARY 31, 2023

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.

Confidentiality 133

Confidentiality Public Use Patent Application Invention 133

Garrigues Blog

NOVEMBER 15, 2021

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.

Public Use 98

Public Use Patent Invention Art 98

LexBlog IP

FEBRUARY 21, 2023

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. § 102(b).

Invention 52

Invention Public Use Inventor Confidentiality 52

Patently-O

AUGUST 13, 2021

The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” A new petition asks the court to examine the phrase again and help define when a document crosses the publication threshold. 102(a)(1). Centripetal Networks, Inc. 869, 877 (Fed.

Confidentiality 90

Confidentiality Advertising Advertising Invention 90

IP Tech Blog

FEBRUARY 9, 2022

the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). The issue at the heart of ALJ Cheney’s decision was whether the Leahy-Smith America Invents Act’s (AIA) amendments to the on-sale bar in 35 U.S.C.

Invention 57

Invention Confidentiality Public Use Patent 57

The IPKat

MAY 15, 2023

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.

Confidentiality 130

Confidentiality Law Public Use Invention 130

LexBlog IP

FEBRUARY 9, 2022

the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). In its 2018 decision in Helsinn Healthcare S.A. Teva Pharmaceuticals USA, Inc. , ” 35 U.S.C. § § 102(b) (pre-AIA).

Invention 52

Invention Confidentiality Inventor Public Use 52