Inventor and Public Use - Intellectual Property Pulse

Guest Post by Profs. Masur & Ouellette: Public Use Without the Public Using

Patently-O

FEBRUARY 26, 2023

What is it that makes a use “public” for purposes of the public use bar? Does it matter whether the person doing the using is a member of the public, as opposed to the inventor? Or does it matter whether the use is itself in public, as opposed to taking place in secret behind closed doors?

Public Use

Public Use Inventor Invention Art

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.

Public Use

Public Use Intellectual Property Business Patent Application

Federal Circuit Narrows AIA Grace Period: Public Disclosure Must Make Invention ‘Reasonably Available’

Patently-O

AUGUST 5, 2024

The basic holding is that the 102(a)(2)/(b)(2) safe harbor triggered by an inventor’s pre-filing “public disclosure” of the invention requires that the invention be made “reasonably available to the public.” ” Neither public uses nor private sales satisfy this requirement.

Invention

Invention Inventor Art Public Use

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).

Public Use

Public Use Invention Inventor Confidentiality

Under Lock And Key – Private Sales May Not Qualify As Public Disclosure

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. 102(a)(1) provides, in part, that a person is not entitled to a patent if the claimed invention was in public use, on sale, or otherwise available to the.

Inventor

Inventor Invention Public Use Art

Patent Law Canons and Canards: Bonito Boats

Patently-O

AUGUST 22, 2022

And, once a patent expires (or is refused or forfeited by public use), the balance allows “free access to copy whatever the federal patent and copyright laws leave in the public domain.” ” Compco Corp. Day–Brite Lighting, Inc. , Metallizing Engineering Co. Kenyon Bearing & Auto Parts Co., 2d 516 (2nd Cir.

Patent Law

Patent Law Law Patent Invention

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

Never too late: if you missed the IPKat last week

The IPKat

FEBRUARY 1, 2023

Patents Benjamin unpacked a patent royalties dispute between the University of Oxford and a student inventor, where the English High Court explained which categories of students should be treated as consumers for the purposes of consumer protection law, and why.

Inventor

Inventor Confidentiality Public Use Reporting

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).

Invention

Invention Inventor Art Patent

The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

DECEMBER 22, 2023

This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application. Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything? Use of large language models in the patent industry: A risk to patent quality?

Invention

Invention Inventor Patent Law

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).

Patent

Patent Invention Patent Application Public Use

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.

Contracts

Contracts Invention Licensing Government

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. §

Invention

Invention Confidentiality Inventor Public Use

Prior Art: The Patent Pitfall

Larson & Larson

FEBRUARY 13, 2021

This makes the term ‘prior art’ an important concept for inventors to understand. It’s the legal term for ‘thing that is exactly like my thing that was in the public before I made my thing.’ Often, the reason that the patent office will cite for rejecting an application is the presence of prior art.

Art

Art Patent Invention Patent Application

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

IP Intelligence

JULY 19, 2024

Patent claims, for example, require that all claims have a significant contribution by a human inventor. One such approach would be to indicate which examples are “actual working examples” from inventors and which are “prophetic examples” drafted by AI. persons may be deemed an export.” [2]

Inventor

Inventor Confidentiality Social Media Public Domain

The IPKat EPO Boards of Appeal Year in Review 2022

The IPKat

DECEMBER 24, 2022

Even if (as has been suggested by observers prepared to be forgiving to the EPO) the couple are patent attorneys, the girl has nonetheless disclosed her invention just by using it on the public streets of Munich. Whilst this year has seen some truly remarkable advances in machine learning technology (e.g.

Invention

Invention Inventor Patent Publishing

Celanese v. ITC: Can a Secret Manufacturing Process Be Patented After Sale of the Resulting Product?

Patently-O

MARCH 4, 2024

Historically, an inventor could choose to protect a new manufacturing process either by patenting it or by keeping it as a trade secret – but not both. 1983) (sale of product by a third party who had kept its process secret does not prohibit an independent inventor to patent the process). Gore & Assocs., Garlock, Inc. ,

Invention

Invention Patent Inventor Patent Application

Understanding The Patent Specification Of An Invention

Intepat

JANUARY 17, 2023

The primary purpose of the provisional specification is to be able to claim a priority date before the inventor discloses the final details. No exclusivity can be claimed over anything which is not disclosed in the complete specification and would subsequently become open to public use.

Invention

Invention Patent Public Domain Inventor

MYTH VS. REALITY: CAN YOU PATENT AN IDEA?

Intepat

OCTOBER 6, 2024

Ultimately, the protection of intellectual property serves as a vital tool in fostering innovation, creativity, and economic growth while ensuring that creators and inventors are rewarded for their efforts. MYTH 5: IT’S FREE TO USE IF IT IS ON THE INTERNET Anything available online is not free for public use.

Patent

Patent Invention Public Domain Intellectual Property

Intellectual Property Rights and Federally Funded Research

LexBlog IP

OCTOBER 24, 2022

The inventor of the invention and the corresponding contract number that the agreement was conceived under. Identification of any publication, sale, offer for sale, or public use of the subject invention, or publication of the invention. The nations in which the Contractor seeks to file the patent application.

Intellectual Property

Intellectual Property Invention Contracts Patent Application

I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

JANUARY 12, 2022

This seems like the perfect time, then, to talk about one of the scenarios in which (IP wise) the past can prove to be extremely important when facing the future: the right of prior use to counter infringement of patents or utility models. What is the right of prior use or “pre-use”?

Patent Infringement

Patent Infringement Invention Patent Patent Law

Intellectual Property Tools for Protecting Fashion Goods

LexBlog IP

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. The essential elements of a design patent are that the new creation be “new, original and ornamental.”

Intellectual Property

Intellectual Property Design Patent Design Designs

Intellectual Property Tools for Protecting Fashion Goods

Above the Fold

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. The essential elements of a design patent are that the new creation be “new, original and ornamental.” [8].

Intellectual Property

Intellectual Property Design Patent Design Designs

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

SpicyIP

JANUARY 5, 2024

The purpose of this right is to enable the government to fully realise the potential of the public-funded IPR in question if it is being underutilised by the inventor institute. which requires patented products to be significantly manufactured in the US until it is commercially infeasible.

Invention

Invention Government Intellectual Property IP

“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.” The government is not using the patent, but the patented technology.

Intellectual Property

Intellectual Property Government Invention Copyright

Intellectual Property Pulse

Guest Post by Profs. Masur & Ouellette: Public Use Without the Public Using

Public-Use Bar: What Startups Need to Know

Trending Sources

Federal Circuit Narrows AIA Grace Period: Public Disclosure Must Make Invention ‘Reasonably Available’

How Does One “Use” Flowers?

Under Lock And Key – Private Sales May Not Qualify As Public Disclosure

Patent Law Canons and Canards: Bonito Boats

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

Never too late: if you missed the IPKat last week

The Inventive Entity and Prior Publication by Another

The IPKat EPO Boards of Appeal Year in Review 2023

Can You Patent Your Idea?

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

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

Prior Art: The Patent Pitfall

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

The IPKat EPO Boards of Appeal Year in Review 2022

Celanese v. ITC: Can a Secret Manufacturing Process Be Patented After Sale of the Resulting Product?

Understanding The Patent Specification Of An Invention

MYTH VS. REALITY: CAN YOU PATENT AN IDEA?

Intellectual Property Rights and Federally Funded Research

I was already like this before you got here: prior use as an exception to patent infringement

Intellectual Property Tools for Protecting Fashion Goods

Intellectual Property Tools for Protecting Fashion Goods

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

“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

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