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Public-Use Bar: What Startups Need to Know

IP Watchdog

Many startups are aware of how the on-sale bar interacts with these pressures and the associated need to file patent applications on any technology prior to offering or placing it on sale.

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

IP Intelligence

Implications for Patent/Trademark Prosecutors and Holders The U.S. Patent and Trademark Office (USPTO) recently issued guidance on the use of artificial intelligence (AI), particularly generative AI, in Intellectual Property (IP) practices involving documents filed at the USPTO. persons may be deemed an export.” [2]

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Can You Patent Your Idea?

LexBlog IP

Novelty: An invention or one very similar to it must already be patented, described in someone else’s patent or patent application, described in a printed publication, on sale, or in public use before the application date (with some exceptions granting the inventor a grace period of one year prior to the application date).

Patent 40
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The Inventive Entity and Prior Publication by Another

Patently-O

(b) the invention was patented or described in a printed publication … more than one year prior to the date of the application for patent in the United States, or. We can quickly eliminate the 102(b) time-bar because the patent applications at issue here were filed within the one-year grace period.

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Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights

LexBlog IP

First, contractors have a duty of disclosure to their funding agency that is separate from the duty of disclosure for patent applications. Standard patent rights clauses. (c) c) Invention Disclosure, Election of Title and Filing of Patent Application by Contractor. (1) Patent rights under federally funded research.

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

LexBlog IP

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). ” 35 U.S.C. §

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Intellectual Property Rights and Federally Funded Research

LexBlog IP

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.