Information Invention Public Use 
Patently-O
FEBRUARY 26, 2023
What is it that makes a use “public” 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? Or does it matter whether the use is itself in public, as opposed to taking place in secret behind closed doors?
The IPKat
JANUARY 31, 2023
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. As such, a patient may have discussed the trial without disclosing information about the tablet itself.
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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.
Patently-O
AUGUST 5, 2024
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. HyperDrive apparently embodies the claimed invention.
The IPKat
JANUARY 16, 2025
The patent claimed an apparatus for vehicle exhaust gas testing comprising an information processing unit connected to a display that could acquire and process running data during road tests. Final Thoughts The issue of prior use is, of course, a hot topic at the moment as we await the outcome of the referral to the EBA in G1/23 ( IPKat ).
The IP Law Blog
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.” Under those facts, the Federal Circuit determined there was no prior public use.
Trading Secrets
APRIL 18, 2023
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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