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Preserving Patent Rights: Impact of Public Use on Patenting

JD Supra Law

Two recent federal circuit cases reiterate what many patent holders and patent practitioners alike have observed: It is important to understand the deadlines that may dictate when a patent application should or must be filed to maintain exclusive rights to an invention. By: Amundsen Davis LLC

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

Patently-O

Masur (Chicago Law) and Lisa Larrimore Ouellette (Stanford Law). What is it that makes a usepublic” 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? Begin with the question of who is doing the using.

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Does Displaying a Flowering Plant Preclude Patenting It?

The IP Law Blog

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. For example, in Motionless Keyboard Co.

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

Patently-O

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. Sanho Corp. 2023-1336 (Fed.

Invention 111
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Can You Patent Your Idea?

LexBlog IP

Important requirements must be met in order for an invention to be patented. Usefulness: This is a low bar to meet, fortunately. King Business and Patent Law can help with all your patent application needs. King Business and Patent Law can help with all your patent application needs.

Patent 40
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Yes, A Secret Process Can (Still) Create an On-Sale Bar

IP Tech Blog

102 modified pre-AIA law regarding the sale of products made with a secret process. Under the pre-AIA law, a patentee’s sale of an unpatented product made with a secret process can create an on-sale bar to the patentability of the process. 35 U.S.C. § 102(b) (pre-AIA). 35 U.S.C. § 102(a)(1) (AIA)(emphasis added). 35 U.S.C. §

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The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

PatKat reviewing the year It is time once more for the IPKat patent year in review! Pour yourself a glass of mulled wine, curl up with your favourite feline and catch-up on your EPO case law. Additionally, it is possible that the EPO wishes to connect the case law on plausibility with that on computer implemented inventions.

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