Remove Confidentiality Remove Law Remove Public Use
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Guest Post by Profs. Masur & Ouellette: Public Use Without the Public Using

Patently-O

Masur (Chicago Law) and Lisa Larrimore Ouellette (Stanford Law). What is it that makes a usepublic” for purposes of the public use bar? Does it matter whether the person doing the using is a member of the public, as opposed to the inventor? Begin with the question of who is doing the using.

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A more nuanced approach to the evidence standard for prior use (T 1311/21)

The IPKat

The Opponent, Avl List GmbH, challenged the patent's validity based on several grounds, including prior public use as evidenced by a user manual describing the invention. A more nuanced standard to the assessment of evidence for prior use? Both parties appealed the OD decision.

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Their Copyrights Expired. The Legal Threats Keep Coming.

Copyright Lately

Just days before the festival, Tintinimaginatios in-house counsel sent an email to Duke Laws Center for the Study of the Public Domain , disputing the Center’s conclusion that the earliest Tintin comics are now free of copyright protection in the United States. Public Domain Status Isnt Up for Debate As a matter of U.S.

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Federal Circuit Narrows AIA Grace Period: Public Disclosure Must Make Invention ‘Reasonably Available’

Patently-O

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. Sanho Corp. 2023-1336 (Fed. July 31, 2024).

Invention 111
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The free evaluation of evidence of prior use (T 0042/19)

The IPKat

Boards of Appeal case law on this question currently conflicts ( IPKat ). Current Boards of Appeal case law conflicts on whether a Board of Appeal may review findings of fact from first instance (Case Law of the Boards of Appeal (CLBA), III-G, 4.2 ). The evidence of prior use included a statement from a Ms Simon.

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Does Displaying a Flowering Plant Preclude Patenting It?

The IP Law Blog

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. Attendees had no confidentiality obligations and “were not provided any gene or breeding information.” Under those facts, the Federal Circuit determined there was no 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. 102(a)(1). Centripetal Networks, Inc. 869, 877 (Fed.