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Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

The IPKat

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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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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Public-Use Bar: What Startups Need to Know

IP Watchdog

Many startups are aware of how the on-sale bar interacts with these pressures and the associated need to file patent applications on any technology prior to offering or placing it on sale.

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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. Wingen LLC (“Wingen”) applied for a reissue of its utility patent for a Calibrachoa plant, called Cherry Star, which is similar to a petunia. For example, in Motionless Keyboard Co.

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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. 333 (1881).

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Does Displaying a Flowering Plant Preclude Patenting It?

LexBlog IP

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. Wingen LLC (“Wingen”) applied for a reissue of its utility patent for a Calibrachoa plant, called Cherry Star, which is similar to a petunia. § 161. Microsoft Corp. ,

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Prior Art: The Patent Pitfall

Larson & Larson

A high number of patent applications are given a non-final rejection from the USPTO according to Yale. Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. You may have heard the term ‘prior art’ before in the context of patents. Exceptions.

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