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?
IP Watchdog
FEBRUARY 15, 2023
Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued a precedential opinion clarifying the requirements for the disclosure of technology that is ready for patenting at a public event to qualify as being “in public use” for purposes of the pre-America Invents Act (AIA) public use bar under 35 USC 102(b).
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Copyright Lately
FEBRUARY 2, 2025
public domain this year, with the remaining installments set to follow on January 1, 2026. And as with any character whose earliest stories have entered the public domain, the traits and story elements introduced in those works are free for public use under U.S. for using Tintin, you would lose. copyright law.
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.”
Patently-O
JANUARY 17, 2022
Deepsouth litigated its case to the Supreme Court, and the Court eventually allowed the company to escape some portion of its adjudged liability based upon the territorial limits of U.S. No such signal legitimizes respondent’s position in this litigation.”. patent law. Deepsouth at 531.
Patently-O
SEPTEMBER 9, 2021
The difference now is that they are not simply raising the defense based upon the printed publication but rather are presenting the actual product as prior art based upon it being “in public use, on sale, or otherwise available to the public.” ” 35 U.S.C. ”
Fish & Richardson Trademark & Copyright Thoughts
OCTOBER 5, 2022
Counterclaims and post-grant review are deemed independent, leaving the third party free to pursue concurrent invalidity counterclaims and district court litigation regardless of timing. Also, post-grant review contemplates several litigation-like aspects, such as limited discovery, protective orders, and settlement.
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