JD Supra Law

MARCH 27, 2023

clarifying the “in public use” bar under pre-America Invents Act 35 USC 102. Hologic: Background - The United States Court of Appeals for the Federal Circuit issued a precedential opinion earlier this year in Minerva Surgical, Inc. Hologic, Inc. By: Haug Partners LLP

Public Use 55

Public Use Invention 55

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. A patent applicant is not entitled to a patent when the claimed invention was “in public use… more than one year prior to the date of the application for patent in the United States.”

Public Use 98

Public Use Patent Invention Confidentiality 98

IP and Legal Filings

MAY 10, 2024

It’s the first important step towards protecting owner’s rights and its lawful public use. If IPR is not understood in technology transfer process, sharing of knowledge and invention faces legal challenges. Before the knowledge or invention is transferred, the owner must make sure they own rights over it.

Intellectual Property 105

Intellectual Property Technology Licensing Invention 105

Patently-O

JANUARY 17, 2022

patent law. Although Deepsouth was barred from using Laitram’s patented inventions throughout the United States , Deepsouth began selling its deveining machine to folks outside of the US in a partially constructed form. Patent Law Amendments Act of 1984, Pub. We know that U.S. patents are territorially limited.

Patent 122

Patent Invention Litigation Patent Law 122

Intepat

JANUARY 17, 2023

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection. Complete Specification.

Invention 52

Invention Patent Public Domain Inventor 52

The IPKat

DECEMBER 22, 2023

Pour yourself a glass of mulled wine, curl up with your favourite feline and catch-up on your EPO case law. Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Food for thought.

Invention 112

Invention Inventor Patent Law 112

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

Kashishipr

NOVEMBER 10, 2021

A compulsory license is an authorization provided by a national authority to an individual without seeking the consent of the titleholder but after payment of royalties/compensation for the exploitation of the subject matter protected by the law on patents or other IPRs. Reasons for Granting Compulsory License.

Licensing 105

Licensing Invention Intellectual Property Marketing 105

Patently-O

AUGUST 13, 2021

The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” ” That language has carried through the various major patent law overhauls and continues as a prominent aspect of 35 U.S.C. 102(a)(1).

Confidentiality 92

Confidentiality Advertising Advertising Invention 92

JD Supra Law

AUGUST 2, 2024

Summary: An invention is not “publicly disclosed” under 35 USC 102(b)(2)(B) by the inventor’s private sale, even though a private sale may constitute an invalidating “public use” under 35 USC 102(a)(1). Before Dyk, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. By: Knobbe Martens

Public Use 65

Public Use Invention Patent 65

JD Supra Law

AUGUST 15, 2023

Section 102 of the Patent Act holds that an invention may not be patented if it was in public use before the effective filing date of the patented invention. The public use bar to patenting is triggered if the invention is both “in public use” and “ready for patenting.” By: Cooley LLP

Public Use 52

Public Use Invention Patent 52

The IPKat

MAY 15, 2023

Boards of Appeal case law on this question currently conflicts ( IPKat ). Current Boards of Appeal case law conflicts on whether a Board of Appeal may review findings of fact from first instance (Case Law of the Boards of Appeal (CLBA), III-G, 4.2 ). The evidence of prior use included a statement from a Ms Simon.

Confidentiality 132

Confidentiality Law Public Use Invention 132

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). The issue at the heart of ALJ Cheney’s decision was whether the Leahy-Smith America Invents Act’s (AIA) amendments to the on-sale bar in 35 U.S.C.

Invention 57

Invention Confidentiality Public Use Patent 57

JD Supra Law

SEPTEMBER 20, 2024

Recently, the Federal Circuit affirmed a PTAB decision finding that a private sale of a product did not constitute a public disclosure by the inventor of the product. The Leahy-Smith America Invents Act provides exceptions for certain disclosures that would otherwise be considered prior art under 35 U.S.C. § By: MoFo Life Sciences

Inventor 59

Inventor Invention Public Use Art 59

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

Invention 52

Invention Public Use Inventor Confidentiality 52

The IPKat

DECEMBER 24, 2022

Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) ST.26 The Guidelines are, however, often out of step with current Boards of Appeal case law, and lag behind even the most uncontroversial of case law developments. 26 ( IPKat ).

Invention 78

Invention Inventor Patent Publishing 78

JD Supra Law

FEBRUARY 24, 2023

Addressing the public use bar of pre-America-Invents-Act (AIA) 35 U.S.C. § Minerva Surgical, Inc.

Public Use 55

Public Use Invention Art Patent 55

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). §102 modified pre-AIA law regarding the sale of products made with a secret process. In its 2018 decision in Helsinn Healthcare S.A.

Invention 52

Invention Confidentiality Inventor Public Use 52

Intepat

OCTOBER 6, 2024

One of the most controversial topics is the patentability of an idea , as it creates confusion between the understanding of an idea and an invention. An idea is considered the first step towards building and invention. Therefore, it’s the invention that could get patented and not the idea.

Patent 52

Patent Invention Public Domain Intellectual Property 52

LexBlog IP

NOVEMBER 7, 2021

The United States Patent and Trademark Office (USPTO) grants patents to inventions every day. Important requirements must be met in order for an invention to be patented. Usefulness: This is a low bar to meet, fortunately. It doesn’t mean the invention has to provide some important use.

Patent 40

Patent Invention Patent Application Public Use 40

LexBlog IP

OCTOBER 3, 2022

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.

Contracts 52

Contracts Invention Licensing Government 52

Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. All of us at the Garrigues IP Blog would like to wish you a very happy new year. What prerogatives does the right to prior use grant?

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

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.

Art 52

Art Patent Invention Patent Application 52

The IPKat

JUNE 2, 2024

The recent Board of Appeal case T 0209/22 is yet another decision demonstrating the relatively permissive approach in Europe to medical use inventions. The patent related to the medical use of a combination of known drugs. The patent did not include any patient data for the drug combination.

Invention 59

Invention Art Patent Law 59

LexBlog IP

OCTOBER 24, 2022

However, if the Contractor fails to report any inventions to the contracting officer within two months of preparing the corresponding patent applications, the Contractor risks losing ownership of those inventions. The inventor of the invention and the corresponding contract number that the agreement was conceived under.

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52

LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. Because of this, a popular use of design patents is to protect the outside of common consumer products. That means after those 15 years pass, then anyone can use the typeface as far as patent law is concerned. What’s more common than the written word?

Design Patent 52

Design Patent Design Designs Patent 52

Patently-O

MARCH 4, 2024

The “on-sale bar” was the statutory hook that prevented an inventor from commercially exploiting a secret invention for several years and then also obtaining a patent monopoly. But, the problem is that the statute expressly asks whether the invention was “on sale.” Compare D.L. Auld Company v. 2d 1144 (Fed.

Invention 40

Invention Patent Inventor Patent Application 40

SpicyIP

AUGUST 15, 2021

The court then discusses Novartis elaborately and summarised the position of law laid down by it as “something which is specifically claimed or covered by the specific claim cannot be disowned by asserting that it was not disclosed.” Anticipation by Prior Publication and Lack of Novelty. and 11.17). Anticipation by Prior Claiming.

Invention 52

Invention Patent Publishing Patent Infringement 52

IP Intelligence

JULY 19, 2024

Thus, a practitioner should consider what level of effort is required to understand and potentially document the line between AI contribution and inventor contribution or use AI tools in a manner in which the creative scope is restricted to avoid the addition of potentially inventive features by AI tools.

Inventor 52

Inventor Confidentiality Social Media Public Domain 52

SpicyIP

JANUARY 5, 2024

Jyotpreet is a third-year law student from the National Law University, Delhi who is interested in Intellectual Property Rights and Competition Law and looks to study their interaction with each other. which requires patented products to be significantly manufactured in the US until it is commercially infeasible.

Invention 69

Invention Government Intellectual Property IP 69

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

Invention 59

Invention Confidentiality Privacy Public Use 59

Trading Secrets

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

Invention 52

Invention Confidentiality Privacy Public Use 52

LexBlog IP

JANUARY 5, 2022

Because the federal copyright law fully occupies the field and pre-empts state law claims sounding in copyright, a copyright owner faced with such state action would have to bring any damages action in federal court. 92, 96 (1876) (“A patent for an invention is as much property as a patent for land. Wright , 94 U.S.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Typically, “drugs” and “biologics” are subject to different laws and regulations. While many states have enacted laws directed to biosimilars, specifically future interchangeables, California has enacted a number of additional unique laws. State Legislation. 9,643,997, which is directed to protein purification.

Settlement 52

Settlement Litigation Marketing Marketing 52

LexBlog IP

OCTOBER 25, 2022

How should the USPTO facilitate an applicant’s submission of prior art that is not accessible in the Patents End-to-End Search system ( g., “on sale” or prior public use)? 112, and whether the claims do not cover the same invention as a related application? Would a benchmark ( g.,

Invention 40

Invention Patent Prosecution Art Patent 40

43(B)log

AUGUST 12, 2022

Epistemological: Although utilitarianism sounds nice, it’s difficult to calculate and the complexity makes it difficult/impossible to get real answers about law. Intellectual history of debates from 1880s-1930s, debates about philosophy, law, and emerging social science about production of knowledge in disciplines.

IP 72

IP Public Domain Music Copyright 72