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

Patently-O

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? Or does it matter whether the use is itself in public, as opposed to taking place in secret behind closed doors?

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

Patently-O

The basic holding is that the 102(a)(2)/(b)(2) safe harbor triggered by an inventor’s pre-filing “public disclosure” of the invention requires that the invention be made “reasonably available to the public.” ” Neither public uses nor private sales satisfy this requirement.

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Public-Use Bar: What Startups Need to Know

IP Watchdog

However, fewer startups are aware of the public-use bar and how activities pursued with the goal of growing their businesses may unwittingly invoke it.

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Patent Law Canons and Canards: Bonito Boats

Patently-O

And, once a patent expires (or is refused or forfeited by public use), the balance allows “free access to copy whatever the federal patent and copyright laws leave in the public domain.” ” Compco Corp. Day–Brite Lighting, Inc. , 234 (1964). Bicron Corp. , 470 (1974). ” Id. Hotchkiss v. 248 (1851).

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Key Points from the USPTO’s New Guidance on AI Use

IP Intelligence

In view of these, practitioners must manage AI technologies with a full understanding of the information created using AI; how AI is used, if at all, to interact with USPTO websites; and the details of how AI systems store information.

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Prior Art: The Patent Pitfall

Larson & Larson

This makes the term ‘prior art’ an important concept for inventors to understand. It’s the legal term for ‘thing that is exactly like my thing that was in the public before I made my thing.’ For more information on how Larson & Larson can help you with the patent process, contact us.

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The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

PatKat is reliably informed by AI expert Mr PatKat, that LLMs represent a true paradigm shift in the ability of AI. This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application. Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything?

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