IP Watchdog

FEBRUARY 15, 2023

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 public use” for purposes of the pre-America Invents Act (AIA) public use bar under 35 USC 102(b).

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Public Use Invention Technology Patent 69

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.

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Public Use Patent Invention Confidentiality 98

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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Invention Public Use Patent Law Patent 40

Patently-O

JANUARY 17, 2022

The Deepsouth case was about patented equipment for deveining shrimp in order to render them “more pleasing to the fastidious as well as more palatable.” patent law. patents are territorially limited. We know that U.S. patents are territorially limited. Patent Law Amendments Act of 1984, Pub. We know that U.S.

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Patent Invention Litigation Patent Law 122

The IPKat

JANUARY 16, 2025

The case at issue concerned European patent EP2950075 , owned by Horiba Ltd, relating to an on-road running exhaust gas test apparatus. The patent claimed an apparatus for vehicle exhaust gas testing comprising an information processing unit connected to a display that could acquire and process running data during road tests.

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Confidentiality Invention Art Patent 63

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. 141 (1989).

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Patent Law Law Patent Invention 91

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.

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Invention Patent Public Domain Inventor 52

IP and Legal Filings

MAY 10, 2024

Its gained momentum with the advent of importance in R&D and patent registration. 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. It helps in better valuation.

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Intellectual Property Technology Licensing Invention 105

Patently-O

MAY 19, 2022

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) Duncan Parking Techs.,

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Invention Inventor Art Patent 56

Patently-O

JANUARY 21, 2023

Identify any specific sources of prior art not currently available through the Patents End-to-End Search system that you believe examiners should be searching. How should the USPTO facilitate an applicant’s submission of prior art that is not accessible in the Patents End-to-End Search system ( e.g., “on sale” or prior public use)?

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Patent Invention Patent Prosecution Art 95

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.”

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Public Use Invention Patent 52

The IPKat

DECEMBER 22, 2023

PatKat reviewing the year It is time once more for the IPKat patent year in review! 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. This is one to watch for 2024.

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Invention Inventor Patent Law 111

Patently-O

FEBRUARY 6, 2023

The utility patent at issue covers a petunia plant. 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 oddity of this utility patent is that it claims an ornamental plant.

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Public Use Invention Inventor Confidentiality 75

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.

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Invention Confidentiality Privacy Public Use 59

JD Supra Law

AUGUST 2, 2024

Appeal from the Patent Trial and Appeal Board. 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. By: Knobbe Martens

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Public Use Invention Patent 65

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

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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Confidentiality Advertising Advertising Invention 92

LexBlog IP

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. § 161.

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Public Use Patent Invention Confidentiality 52

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.

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Licensing Invention Intellectual Property Marketing 105

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

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Inventor Invention Public Use Art 59

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.

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Patent Invention Public Domain Intellectual Property 52

Larson & Larson

FEBRUARY 13, 2021

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. What is Prior Art?

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Art Patent Invention Patent Application 52

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

Patently-O

SEPTEMBER 9, 2021

As is usual these days, ELCO turned-around and filed an inter partes review petition — challenging the patent’s validity based upon a 2011 product catalog (printed publication) that had featured the Hatteras lighting product. The court has denied DMF’s mandamus petition on an interesting post-IPR estoppel question.

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Invention Art Litigation Public Use 78

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.” Hologic, Inc., § 102(b).

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Invention Public Use Inventor Confidentiality 52

LexBlog IP

NOVEMBER 7, 2021

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.

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Patent Invention Patent Application Public Use 40

JD Supra Law

FEBRUARY 24, 2023

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

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Public Use Invention Art Patent 55

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.

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Invention Confidentiality Public Use Patent 57

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 is the right of prior use or “pre-use”?

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Patent Infringement Invention Patent Patent Law 52

The IPKat

DECEMBER 24, 2022

Board of Appeal finds no legal basis for the requirement to amend the description in line with the claims (T1989/18) (26 Dec 2021) Can amending the description to summarize the prior art add matter to the patent application as filed? (T Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) ST.26

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Invention Inventor Patent Publishing 77

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.

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Contracts Invention Licensing Government 52

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). But the asserted patents have a priority date after the effective date of the AIA, so the AIA version of the §102 on-sale bar applies.

Invention 52

Invention Confidentiality Inventor Public Use 52

LexBlog IP

FEBRUARY 14, 2023

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the outside of common consumer products. What’s more common than the written word?

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Design Patent Designs Design Patent 52

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

Patent opposition, if used properly, is an important tool to prevent the grant of frivolous patents. However, this raises question of the misuse of opposition to prevent patents with great competitive value thereby affecting the business of competitors. Types of Patent Opposition in India.

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Patent Invention Patent Prosecution Patent Application 40

The IPKat

MAY 15, 2023

Striking the middle ground In T 0042/19 , the patent in question ( EP2846857 ) related to an injection device. The Opponent submitted evidence of alleged prior use in the form of the insulin injection pen ( GensuPen ).

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Confidentiality Law Public Use Invention 132

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.

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Invention Art Patent Law 58

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 nations in which the Contractor seeks to file the patent application. important;}}.

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Intellectual Property Invention Contracts Patent Application 52