Preserving Patent Rights: Impact of Public Use on Patenting
JD Supra Law
MARCH 10, 2025
For a business planning to market a product that incorporates an invention, having an enforceable patent to protect the invention is often desirable.
Guest Post by Profs. Masur & Ouellette: Public Use Without the Public Using
Patently-O
FEBRUARY 26, 2023
Masur (Chicago Law) and Lisa Larrimore Ouellette (Stanford Law). 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? Begin with the question of who is doing the using.
Public Use 
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Federal Circuit Holds Surgical Patent Anticipated Under Pre-AIA 35 USC102b Public Use
JD Supra Law
FEBRUARY 22, 2023
9,186,208 (the ’208 Patent) are anticipated under the public use bar of pre-AIA 35 U.S.C. § This is an appeal from a District of Delaware summary judgment order that held that the asserted claims of U.S. By: Allen & Overy LLP
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No Handling Necessary: Industry Demo Was A Public Use: Minerva Surgical, Inc. v. Hologic, Inc., 2023 WL 1999900 (Fed. Cir. Feb. 15, 2023)
JD Supra Law
MARCH 7, 2023
Minerva”) had engaged in an invalidating public use more than one year before its patent filing. . On February 15, 2023, the Federal Circuit (“CAFC”) affirmed a summary judgment ruling that, by merely showcasing an embodying device at an industry event (the “Event”), Minerva Surgical, Inc. By: Irwin IP LLP
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Nintendo Sues Emulator Gamer Who Streamed Pirated Games Before Release
TorrentFreak
NOVEMBER 8, 2024
The conclusion of that lawsuit declared that an emulator like Yuzu, that circumvents Nintendo’s technical measures, decrypts Switch games using unauthorized copies of Switch cryptographic keys, allowing games to be played on anything other than a Switch, violates copyright law.
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Patent Law Canons and Canards: Bonito Boats
Patently-O
AUGUST 22, 2022
For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.
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When “Displaying” Is “Using” For Prior Public Use Under 35 U.S.C. 102(b)
JD Supra Law
FEBRUARY 22, 2023
Last week, in a non-precedential opinion for an appeal from a Patent and Trial Appeals Board (PTAB) decision (In re WinGen), the Federal Circuit addressed prior public use under pre-AIA 35 U.S.C. § By: Womble Bond Dickinson
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You Use It, You Lose (Protection Over) It: Federal Circuit Clarifies Public-Use Bar Requirements
JD Supra Law
MARCH 27, 2023
clarifying the “in public use” bar under pre-America Invents Act 35 USC 102. Hologic: Background - The United States Court of Appeals for the Federal Circuit issued a precedential opinion earlier this year in Minerva Surgical, Inc. Hologic, Inc. By: Haug Partners LLP
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[Guest post] Turin Court of Appeal upholds protection of Juventus FC’s unregistered colour combination trade mark for ‘Be the stripes’ jersey
The IPKat
JANUARY 20, 2025
In that case, the CJEU specified in fact that such dual protection shall be reserved only to designs meeting the EU standard, i.e. the different objectives and criteria for protection under both copyright and design law.
New Law to Crush Pirate IPTV Unanimously Approved By Italian Senate
TorrentFreak
JULY 13, 2023
In common with similar businesses elsewhere in Europe, powerful Italian football clubs, broadcasters, and their powerful business associates in government, concluded long ago that only a draconian internet-blocking system supported by tough new law could force fans away from wallet-friendly pirate IPTV services and towards legal platforms.
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Statutory Text vs. Precedent: Analyzing the AIA’s On-Sale Bar for Secret Processes in Celanese v. ITC
Patently-O
MARCH 28, 2025
patent law over the past several decades, the America Invents Act of 2011 was clearly the most dramatic rewriting of the law since 1952. In addition, the law was amended throughout to focus on the "claimed invention" rather than simply the "invention." Although Congress has repeatedly tinkered with U.S. 35 U.S.C.
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Federal Circuit Narrows AIA Grace Period: Public Disclosure Must Make Invention ‘Reasonably Available’
Patently-O
AUGUST 5, 2024
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. July 31, 2024). 333 (1881).
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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.”
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ORIGINALITY IN DATABASE: UNDERSTANDING COPYRIGHT THRESHOLDS
Intepat
DECEMBER 25, 2024
While the raw data within a database may not be eligible for copyright protection, the originality involved in selecting, organizing, or arranging the data can bring a database under the scope of copyright law. This article explores the scope of database protection, focusing on the concept of originality and its role in copyright law.
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Functional Medical Device Demonstrated at Trade Show Trigged On Sale Bar of pre-AIA 102(b)
JD Supra Law
FEBRUARY 22, 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. § Hologic, Inc., 2021-2246] (February 15, 2023), the Federal Circuit affirmed summary judgment that the asserted claims of U.S. By: Harness IP
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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.,
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WHITE PAPER | Key Patent Developments of 2023
JD Supra Law
DECEMBER 21, 2023
In a noteworthy year for patent law, the U.S. The topics of the key cases included procedure in inter partes review proceedings before the Patent Trial and Appellate Board, the enablement requirement, the calculation of patent term adjustments, the public use bar and the prosecution laches. Supreme Court and the U.S.
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Exporting Patents: Boiled, Broiled, Barbecued or Fried
Patently-O
JANUARY 17, 2022
patent law. Although Deepsouth was barred from using Laitram’s patented inventions throughout the United States , Deepsouth began selling its deveining machine to folks outside of the US in a partially constructed form. Patent Law Amendments Act of 1984, Pub. We know that U.S. patents are territorially limited.
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The free evaluation of evidence of prior use (T 0042/19)
The IPKat
MAY 15, 2023
Boards of Appeal case law on this question currently conflicts ( IPKat ). Current Boards of Appeal case law conflicts on whether a Board of Appeal may review findings of fact from first instance (Case Law of the Boards of Appeal (CLBA), III-G, 4.2 ). The evidence of prior use included a statement from a Ms Simon.
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A more nuanced approach to the evidence standard for prior use (T 1311/21)
The IPKat
JANUARY 16, 2025
The Opponent, Avl List GmbH, challenged the patent's validity based on several grounds, including prior public use as evidenced by a user manual describing the invention. T 1138/20 , for example, found that making a distinction between the above-mentioned standards is neither necessary nor mandated by case law.
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. Well, it helps in commercialisation of the invention by allowing its public use. While facilitating technology transfer, it is significant to look at how IP rights play a role. Why must an owner of IP license it?
A Private Sale Is Not Sufficient for Public Disclosure Under 35 USC 102(b)(2)(B)
JD Supra Law
AUGUST 2, 2024
Summary: An invention is not “publicly disclosed” under 35 USC 102(b)(2)(B) by the inventor’s private sale, even though a private sale may constitute an invalidating “public use” under 35 USC 102(a)(1). Appeal from the Patent Trial and Appeal Board. By: Knobbe Martens
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Charting New Waters: Steamboat Willie’s Mickey Mouse Sets Sail into the Public Domain
Indiana Intellectual Property Law
JANUARY 12, 2024
The copyright for Mickey’s debut appearance in the 1928 short film, “Steamboat Willie,” finally expired, allowing a specific portrayal of the beloved character to become available for public use. This momentous occasion follows a prolonged journey shaped by numerous extensions and revisions of copyright laws.
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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Two Recent Federal Circuit Opinions Illustrate Risk of Product Demonstrations for Patent Validity
JD Supra Law
AUGUST 15, 2023
Section 102 of the Patent Act holds that an invention may not be patented if it was in public use before the effective filing date of the patented invention. The public use bar to patenting is triggered if the invention is both “in public use” and “ready for patenting.” By: Cooley LLP
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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.
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Understanding Compulsory Licensing and Access to Essentials
Kashishipr
NOVEMBER 10, 2021
A compulsory license is an authorization provided by a national authority to an individual without seeking the consent of the titleholder but after payment of royalties/compensation for the exploitation of the subject matter protected by the law on patents or other IPRs. Reasons for Granting Compulsory License. For more visit: [link].
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Installation Payments Fly Under the On-Sale Bar Radar
JD Supra Law
OCTOBER 3, 2024
16, 2024) - On September 16, 2024, a special master for the Northern District of Georgia issued a report and recommendation to deny Ionic Air Care’s motion for summary judgment that Aviation Clean Air’s patents were invalid under the “public use” and “on-sale” bars to patentability of 35 U.S.C. § By: Irwin IP LLP
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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.” ” That language has carried through the various major patent law overhauls and continues as a prominent aspect of 35 U.S.C. 102(a)(1).
No First Place Trophy Here: Public Demo at Trade Show Found Invalidating
JD Supra Law
FEBRUARY 24, 2023
Addressing the public use bar of pre-America-Invents-Act (AIA) 35 U.S.C. § Minerva Surgical, Inc.
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Data science needs law: reflections on the experiences of data scientists working in Africa
The IPKat
AUGUST 25, 2023
In this regard, the role of legal frameworks such as copyright law, data protection laws and contract law in regulating and structuring data access is significant. That said, it would be interesting to understand the extent to which financial constraints dictated the kind of data that researchers use.
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Under Lock And Key – Private Sales May Not Qualify As Public Disclosure
JD Supra Law
SEPTEMBER 20, 2024
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. The Leahy-Smith America Invents Act provides exceptions for certain disclosures that would otherwise be considered prior art under 35 U.S.C. § 2] Specifically, 35 U.S.C. §
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The IPKat EPO Boards of Appeal Year in Review 2023
The IPKat
DECEMBER 22, 2023
Pour yourself a glass of mulled wine, curl up with your favourite feline and catch-up on your EPO case law. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed? Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything?
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How Clinical Trials Affect Patentability In US And Europe
IP Law 360
MAY 15, 2024
and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan. A comparison of recent U.S.
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Yes, A Secret Process Can (Still) Create an On-Sale Bar
IP Tech Blog
FEBRUARY 9, 2022
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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maintaining ex-employees' voicemail/email doesn't violate Lanham Act or right of publicity
43(B)log
JULY 1, 2022
Pennsylvania right of publicity: Pennsylvania protects the name or likeness of any natural person that has commercial value and is used for any commercial or advertising purpose without written consent. Relevant case law holds that the statute is violated only when the name or likeness is used to “directly promote a product or service.”
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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).
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Getting your Industrial Design Registration in Oman
IP and Legal Filings
JULY 8, 2022
b) an industrial design that is contrary to public order or morality. Any person who carries out any of the following acts shall be punishable by imprisonment for a period not exceeding two years, a fine not exceeding two thousand rials Omani or both: (a) imitates an industrial design registered under this Law. (b)
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Does Displaying a Flowering Plant Preclude Patenting It?
JD Supra Law
FEBRUARY 17, 2023
This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. It’s not surprising to hear talk of flowers in February, but it is unusual when that discussion is in a Federal Circuit opinion. By: Weintraub Tobin
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Yes, A Secret Process Can (Still) Create an On-Sale Bar
LexBlog IP
FEBRUARY 9, 2022
§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. §
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Use It or Lose It: How to Acquire and Protect your Trademarks
IPilogue
FEBRUARY 8, 2022
Madelaine Lynch is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. This is known as common law protection, which offers a limited scope of protection compared to a registered mark. Unregistered vs Registered Trademarks.
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Deliberating Colonial Policies to Understand the Causes behind Tribal Revolts in the Chota Nagpur Plateau – Part I
IP and Legal Filings
APRIL 23, 2024
Leeds in his research article titled By Eminent Domain Or Some Other Name: A Tribal Perspective On Taking Land published in Tulsa Law Review mentions how eminent domain has affected the Tribal population of India.
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Haldiram India Pvt. Ltd. V. Berachah Sales Corporation And Ors., 2024: A Case Study On “Well-Known Trademarks
IP and Legal Filings
NOVEMBER 11, 2024
This is a landmark decision in the Indian intellectual property law regime as it sets a precedent for safeguarding established trademarks in India. Let us look into the said case i.e. Haldiram India Pvt. A recent ruling by the Hon’ble Delhi High Court elevated the brand Haldiram as a well-known trademark.
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My Word! Design Patents on a Typeface
LexBlog IP
FEBRUARY 14, 2023
A company can use a unique typeface to convey pretty much anything on any of its products, its advertising, its website, and any other place a company would publicly use the written word. That means after those 15 years pass, then anyone can use the typeface as far as patent law is concerned.
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