Invention Patent Law Public Use 
Patently-O
AUGUST 22, 2022
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.
Patently-O
MARCH 28, 2025
patent law over the past several decades, the America Invents Act of 2011 was clearly the most dramatic rewriting of the law since 1952. The fundamental change to Section 102 was the transition from first-to-invent to first-to-file. 102(a)(1) now reads: A person shall be entitled to a patent unless. (a)(1)
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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. Wingen LLC (“Wingen”) applied for a reissue of its utility patent for a Calibrachoa plant, called Cherry Star, which is similar to a petunia. But in that prior case, Delano Farms Co.
Patently-O
JANUARY 17, 2022
patent law. patents are territorially limited. 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.
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.
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.
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).
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