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Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued a precedential opinion clarifying the requirements for the disclosure of technology that is ready for patenting at a public event to qualify as being “in publicuse” for purposes of the pre-America Invents Act (AIA) publicuse bar under 35 USC 102(b).
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 is the right of prior use or “pre-use”?
In 2016, over a year after it began selling Ace-K, Celanese filed patent applications on its heretofore secret Ace-K process. Celanese sued Jinhe for patentinfringement at the International Trade Commission (ITC). But, the problem is that the statute expressly asks whether the invention was “on sale.”
The next argument raised by the defendant was a challenge based on Section 64(1)(a) as per which a patent can be revoked where the invention has been claimed in a patent of an earlier priority date. Anticipation by Prior Publication and Lack of Novelty. Balance of Convenience, Irreparable Harm, and Public Interest.
And, it goes like this–the relevant concept in the United States is that a person shall “ no[t] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for publicuse, without just compensation.” Wright , 94 U.S. ”); James v. Campbell , 104 U.S. 2d 480 (Fed.
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