Public-Use Bar: What Startups Need to Know
IP Watchdog
OCTOBER 26, 2023
However, fewer startups are aware of the public-use bar and how activities pursued with the goal of growing their businesses may unwittingly invoke it.
Inventor IP Public Use 
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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).
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The Inventive Entity and Prior Publication by Another
Patently-O
MAY 19, 2022
102(a) prior art asks whether the IPA invention was already the subject of a printed publication prior by the time the IPA inventors created their invention. Thus, a prior publication by inventors (or a subset of the inventors) does not count as prior art under 102(a). In re Katz, 687 F.2d 2d 450 (CCPA 1982).
Key Points from the USPTO’s New Guidance on AI Use
IP Intelligence
JULY 19, 2024
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. Patent claims, for example, require that all claims have a significant contribution by a human inventor.
Can You Patent Your Idea?
LexBlog IP
NOVEMBER 7, 2021
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).
Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights
LexBlog IP
OCTOBER 3, 2022
1) The contractor will disclose each subject invention to the Federal Agency within two months after the inventor discloses it in writing to contractor personnel responsible for patent matters. However, there are instances where the Federal government may waive its rights and allow the inventors to retain title to the invention.
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). ” 35 U.S.C. §
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