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The Inventive Entity and Prior Publication by Another

Patently-O

Cheyer & Martin (but not Moran) file for patent protection on aspects of the OAA that were not fully disclosed within the original publication. And the Question : Does the prior publication count as prior art in an IPR obviousness analysis? A person shall be entitled to a patent unless —. (a) In re Katz, 687 F.2d

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Patent Law Canons and Canards: Bonito Boats

Patently-O

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. 141 (1989).

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Functional Medical Device Demonstrated at Trade Show Trigged On Sale Bar of pre-AIA 102(b)

LexBlog IP

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. § The Federal Circuit then pointed out that at the time of the public use, the technology was “ready for patenting.” Hologic, Inc., § 102(b).

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Celanese v. ITC: Can a Secret Manufacturing Process Be Patented After Sale of the Resulting Product?

Patently-O

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed. Compare D.L.

Patent 40
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Can You Patent Your Idea?

LexBlog IP

The United States Patent and Trademark Office (USPTO) grants patents to inventions every day. Not every application succeeds in becoming a granted patent, though. Important requirements must be met in order for an invention to be patented. Usefulness: This is a low bar to meet, fortunately.

Patent 40
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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. This makes the term ‘prior art’ an important concept for inventors to understand. What is Prior Art?

Art 52
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Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights

LexBlog IP

The act also establishes the rights for businesses and nonprofits to patent and commercialize inventions developed within the scope of the funding agreement. In exchange for the funding agreement, contractors must disclose any invention conceived or reduced to practice under the funding agreement to the funding agency.