Invention, Presentation and Public Use - Intellectual Property Pulse

Public use == “accessible to the public.”

Patently-O

FEBRUARY 16, 2023

The devices were brought to a trade show (AAGL 2009) and Minerva gave a presentation on the device and distributed a brochure. Public Accessibility equals Public Use : Although the statutory language of “public use” suggests that the bar is triggered only if the invention is actually used.

Public Use

Public Use Invention Patent Business

Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

The IPKat

JANUARY 31, 2023

The question became whether the patients could be considered members of the public, and whether their participation in the clinical trial therefore constituted prior public use of the formulation. The Board of Appeal also noted the difference in facts with the present case and that of T007/07.

Confidentiality

Confidentiality Public Use Patent Application Invention

“Prior public use”: an effective ground for opposition against the grant of a European patent

Garrigues Blog

NOVEMBER 15, 2021

One of the most effective ways of obtaining the revocation is to prove “prior public use”. One of them is undoubtedly, “prior public use”, since unless the case is very evident, the EPO is not usually able to collect this type of evidence as a result of the search that it conducts for the state of the art during the grant procedure.

Public Use

Public Use Patent Invention Art

Empowering Innovation: The Role of Intellectual Property in Technology Transfer

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

Intellectual Property Technology Licensing Invention

Does Displaying a Flowering Plant Preclude Patenting It?

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

Public Use Patent Invention Confidentiality

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

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

Invention Public Use Inventor Confidentiality

How Does One “Use” Flowers?

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

Public Use Invention Inventor Confidentiality

MYTH VS. REALITY: CAN YOU PATENT AN IDEA?

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

Patent Invention Public Domain Intellectual Property

Does Displaying a Flowering Plant Preclude Patenting It?

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. ” A patent applicant is not entitled to a patent when the claimed invention was “in public use. But in that prior case, Delano Farms Co. § 161.

Public Use

Public Use Patent Invention Confidentiality

Printed Publication: Documents Made Available only to Customers

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.” A new petition asks the court to examine the phrase again and help define when a document crosses the publication threshold. 102(a)(1). Centripetal Networks, Inc.

Confidentiality

Confidentiality Advertising Advertising Invention

Yes, A Secret Process Can (Still) Create an On-Sale Bar

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

Invention Confidentiality Public Use Patent

Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights

Patently-O

JANUARY 21, 2023

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)? adopt a unity of invention requirement in place of the restriction requirement? Specifically, should the USPTO: a. Specifically, should the USPTO: a.

Patent

Patent Invention Patent Prosecution Art

Post-IPR Estoppel: Printed Publication vs. Actual Product Shown in the Publication

Patently-O

SEPTEMBER 9, 2021

Although the PTAB instituted the IPR, it eventually sided with the patentee in holding that the prior printed publication wasn’t enough render the invention obvious. In the district court litigation, ELCO is seeking to use the single product to show each element. ” 35 U.S.C.

Invention

Invention Art Litigation Public Use

The difference between the credibility and the unambiguous disclosure of a therapeutic effect (T 0209/22)

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

Invention Art Patent Law

Yes, A Secret Process Can (Still) Create an On-Sale Bar

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). In its 2018 decision in Helsinn Healthcare S.A. Teva Pharmaceuticals USA, Inc. , ” 35 U.S.C. § § 102(b) (pre-AIA).

Invention

Invention Confidentiality Inventor Public Use

Patent Opposition in India

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

They are as follows: The invention is wrongfully obtained. Publication of invention before the priority date. Prior claiming of invention in other specification. Invention is publicly known or publicly used in India. Invention is obvious and lacks any inventive step.

Patent

Patent Invention Patent Application Patent Prosecution

The free evaluation of evidence of prior use (T 0042/19)

The IPKat

MAY 15, 2023

The Opponent submitted evidence of alleged prior use in the form of the insulin injection pen ( GensuPen ). The Opponent argued that the claimed invention lacked novelty in view of the prior use of the GensuPen ( Article 54(2) EPC ). The Opposition Division (OD) found that the alleged prior use was not sufficiently proven.

Confidentiality

Confidentiality Law Public Use Invention

Key Points from the USPTO’s New Guidance on AI Use

IP Intelligence

JULY 19, 2024

1] The USPTO therefore requires documents drafted by or with the assistance of AI to be reviewed and verified by the person presenting the paper. AI also cannot hold a USPTO account or independently access a practitioner’s account.

Inventor

Inventor Confidentiality Social Media Public Domain

FMC Receives Injunction for Chlorantraniliprole: Coverage-Disclosure, Anticipation, and Issues That Remained Unaddressed

SpicyIP

AUGUST 15, 2021

Without indicating the difference between the concepts, the court merely concluded, “in the present case, no claim, no coverage and no disclosure, by the plaintiff, of CTPR in the genus patent”. Anticipation by Prior Publication and Lack of Novelty. Based on this, the court held publication would entail disclosure in a prior patent.

Invention

Invention Patent Publishing Patent Infringement

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings

LexBlog IP

JANUARY 5, 2022

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 public use, without just compensation.” Wright , 94 U.S. ”); James v. Campbell , 104 U.S. 2d 480 (Fed.

Intellectual Property

Intellectual Property Government Invention Copyright

The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart

SpicyIP

JANUARY 5, 2024

According to the NIST, the US govt invests approximately $115 billion in R&D through various universities, non-profits, and businesses. March-in rights are provisions that allow the government to require a license for inventions stemming from this investment, upon the fulfilment of certain conditions.

Invention

Invention Government Intellectual Property IP

Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The guidance explains that determining whether promotional material is truthful and non-misleading involves a “fact-specific” analysis based on a number of factors, including “how the information is presented,” “the type and quality of the data relied on,” and “contextual and disclosure considerations.” A jury trial is set for July 10, 2023.

Litigation

Litigation Settlement Marketing Marketing

IPSC Breakout Session 5: IP Theory & History/Creation and Morality

43(B)log

AUGUST 12, 2022

A: didn’t analyze interview data through that lens, but anecdotally they seemed to take each collaboration as they came and justified whatever practice they were using in each situation. This is still present with documentaries, which don’t involve life rights but often do involve waivers. (3)

IP

IP Public Domain Music Copyright

Intellectual Property Pulse

Public use == “accessible to the public.”

Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

Trending Sources

“Prior public use”: an effective ground for opposition against the grant of a European patent

Empowering Innovation: The Role of Intellectual Property in Technology Transfer

Does Displaying a Flowering Plant Preclude Patenting It?

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

How Does One “Use” Flowers?

MYTH VS. REALITY: CAN YOU PATENT AN IDEA?

Does Displaying a Flowering Plant Preclude Patenting It?

Printed Publication: Documents Made Available only to Customers

Yes, A Secret Process Can (Still) Create an On-Sale Bar

Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights

Post-IPR Estoppel: Printed Publication vs. Actual Product Shown in the Publication

The difference between the credibility and the unambiguous disclosure of a therapeutic effect (T 0209/22)

Yes, A Secret Process Can (Still) Create an On-Sale Bar

Patent Opposition in India

The free evaluation of evidence of prior use (T 0042/19)

Key Points from the USPTO’s New Guidance on AI Use

FMC Receives Injunction for Chlorantraniliprole: Coverage-Disclosure, Anticipation, and Issues That Remained Unaddressed

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings

The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart

Biosimilars 2020 Year in Review

IPSC Breakout Session 5: IP Theory & History/Creation and Morality

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