Patently-O

AUGUST 13, 2021

The court relied upon additional facts not found in the question presented–noting that the document in question was distributed to hundreds of customers over a span of years and without any confidentiality restrictions; and that product advertisements were designed to attract persons of skill in the art. 102(a)(1). 869, 877 (Fed.

Confidentiality 92

Confidentiality Advertising Advertising Invention 92

Patently-O

FEBRUARY 6, 2023

Here, the Federal Circuit has affirmed that the claims are invalid based upon a pre-filing trade-show display of the ornamental plant — holding that the display counted as a “public use.” ” The inventors here used conventional plant breeding to create a new form of petunia (Calibrachoa). Microsoft Corp.,

Public Use 75

Public Use Invention Inventor Confidentiality 75

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

LexBlog IP

FEBRUARY 16, 2023

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.” § 101 rather than a plant patent under 35 U.S.C. §

Public Use 52

Public Use Patent Invention Confidentiality 52

The IPKat

FEBRUARY 1, 2023

The High Court dealt with the royalty payments, costs, confidentiality of certain documents after trial, and permission to appeal. Annsley explored the consequentials hearing (which takes place after the judgement is given) to the aforementioned royalties dispute between Oxford and the student inventor.

Inventor 69

Inventor Confidentiality Public Use Reporting 69

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). In its 2018 decision in Helsinn Healthcare S.A. Teva Pharmaceuticals USA, Inc. , 35 U.S.C. § 102(b) (pre-AIA). 35 U.S.C. § 102(a)(1) (AIA)(emphasis added).

Invention 57

Invention Confidentiality Public Use Patent 57

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). ” 35 U.S.C. §

Invention 52

Invention Confidentiality Inventor Public Use 52

Trading Secrets

OCTOBER 28, 2024

Any practitioner that has brought trade secret misappropriation claims knows that the hallmark of a trade secret is taking sufficient steps to protect the confidentiality of the information. It is worth noting, however, that this is not what Gandall claimed. Of course, this case is now headed for expedited discovery. 15-15 at 6 (Sun Decl.,

Confidentiality 40

Confidentiality Technology Public Use Business 40

Larson & Larson

FEBRUARY 13, 2021

It’s the legal term for ‘thing that is exactly like my thing that was in the public before I made my thing.’ The term covers anything that was sold in public, used publicly, described in a magazine or similar publication, or already has a patent on file with the patent office. Exceptions.

Art 52

Art Patent Invention Patent Application 52

The IPKat

DECEMBER 22, 2023

Another case of catastrophic comma loss (T 1473/19): Interpreting the claims in view of the description When is it necessary to amend the description of a patent post-grant (T2391/18) Confidentiality restrictions around clinical trials and prior public use (T 0670/20) The risk of pre-grant description amendments (T 0450/20) Board of Appeal poised on (..)

Invention 112

Invention Inventor Patent Law 112

IP Intelligence

JULY 19, 2024

The USPTO begins with a review of the duties of candor and good faith, confidentiality, and export regulations. One notable example provided in the guidance states: “Even if the servers are located within the United States, certain activities related to the use of AI systems hosted by these servers by non-U.S.

Inventor 52

Inventor Confidentiality Social Media Public Domain 52

LexBlog IP

OCTOBER 24, 2022

Identification of any publication, sale, offer for sale, or public use of the subject invention, or publication of the invention. If the subject invention was submitted for publication, it should also indicate whether the invention was accepted for publication. media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-635795071458c8951{display:

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52

Kluwer Copyright Blog

MARCH 8, 2023

Having called the parties to submit their memorandums and present their opinions and arguments against each other, the Committee is entitled, even if one of the parties did not take part in the procedure, to issue a confidential opinion regarding the appropriate amount of the remuneration due, on the basis of the criteria set out in the Regulation.

Publishing 52

Publishing Art Related Rights Marketing 52

Copyright Lately

FEBRUARY 2, 2025

public domain this year, with the remaining installments set to follow on January 1, 2026. And as with any character whose earliest stories have entered the public domain, the traits and story elements introduced in those works are free for public use under U.S. for using Tintin, you would lose.

Public Domain 96

Public Domain Copyright Cease and Desist Publishing 96

Trading Secrets

APRIL 18, 2023

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.

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

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.

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

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.

Invention 52

Invention Confidentiality Privacy Public Use 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The parties are currently engaged in supplemental expert discovery on Hospira and Pfizer’s on-sale bar and public use defenses, and the court has resolved two discovery disputes this year stemming from these issues. Non-Confidential Brief for Plaintiff-Appellant at 25, 35.) 9,643,997, which is directed to protein purification.

Litigation 52

Litigation Settlement Marketing Marketing 52