LexBlog IP

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. Wingen LLC (“Wingen”) applied for a reissue of its utility patent for a Calibrachoa plant, called Cherry Star, which is similar to a petunia. § 161. Microsoft Corp. ,

Public Use 52

Public Use Patent Invention Confidentiality 52

LexBlog IP

NOVEMBER 7, 2021

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. The post Can You Patent Your Idea? appeared first on King Business and Patent Law.

Patent 40

Patent Invention Patent Application Public Use 40

Larson & Larson

FEBRUARY 13, 2021

A high number of patent applications are given a non-final rejection from the USPTO according to Yale. Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. You may have heard the term ‘prior art’ before in the context of patents.

Art 52

Art Patent Invention Patent Application 52

LexBlog IP

OCTOBER 24, 2022

However, if the Contractor fails to report any inventions to the contracting officer within two months of preparing the corresponding patent applications, the Contractor risks losing ownership of those inventions. The nations in which the Contractor seeks to file the patent application.

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52

IP Tech Blog

FEBRUARY 9, 2022

The pre-AIA version of the §102 on-sale bar stated that a person shall be entitled to a patent unless “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.”

Invention 57

Invention Confidentiality Public Use Patent Application 57

LexBlog IP

FEBRUARY 9, 2022

The pre-AIA version of the §102 on-sale bar stated that a person shall be entitled to a patent unless “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.”

Invention 52

Invention Confidentiality Inventor Public Use 52

Intepat

OCTOBER 6, 2024

MYTH 2: A GOOD IDEA ALONE IS ENOUGH FOR PATENT FILING Patent applications are detailed and require information about different aspects of the invention; therefore, mere outlining of the idea, no matter how good it is, cannot be patented without explaining the workings and the practical aspects of that idea.

Patent 52

Patent Invention Public Domain Intellectual Property 52

LexBlog IP

OCTOBER 3, 2022

First, contractors have a duty of disclosure to their funding agency that is separate from the duty of disclosure for patent applications. Standard patent rights clauses. (c) c) Invention Disclosure, Election of Title and Filing of Patent Application by Contractor. (1) Patent rights under federally funded research.

Contracts 52

Contracts Invention Licensing Government 52

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. The astounding abilities of LLMs also serve to shine a light on the absurdity of the DABUS case. This Kat has to admit that the whole DABUS saga fills her with a certain sense of tedium ( IPKat ).

Invention 112

Invention Inventor Patent Law 112

The IPKat

DECEMBER 24, 2022

Board of Appeal finds no legal basis for the requirement to amend the description in line with the claims (T1989/18) (26 Dec 2021) Can amending the description to summarize the prior art add matter to the patent application as filed? (T Whilst this year has seen some truly remarkable advances in machine learning technology (e.g.

Invention 78

Invention Inventor Patent Publishing 78

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

To invoke post-grant review, a challenge must be filed within nine months of a patent’s issuance (or reissuance), establishing that at least one challenged claim is more likely than not to be found unpatentable, or that the request raises a novel or unsettled legal question that is important to other patents or patent applications.

Litigation 52

Litigation Settlement Patent Public Use 52

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

Types of Patent Opposition in India. In a pre-grant opposition, third parties are given the opportunity to oppose the grant of the patent, just after the publication of the patent application. In a post grant opposition, an interested party can oppose after the patent is granted.

Patent 40

Patent Invention Patent Application Patent Prosecution 40

IP Intelligence

JULY 19, 2024

AI Patentability and Inventorship: Practitioners also face the prospect of having an AI drafting program add details, such as embodiments or other features, to an application draft that could be part of a claim or later become part of a claim. AI also cannot hold a USPTO account or independently access a practitioner’s account.

Inventor 52

Inventor Confidentiality Social Media Public Domain 52

Patently-O

MAY 19, 2022

(b) the invention was patented or described in a printed publication … more than one year prior to the date of the application for patent in the United States, or. We can quickly eliminate the 102(b) time-bar because the patent applications at issue here were filed within the one-year grace period.

Invention 56

Invention Inventor Art Patent 56

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 52

Patent Infringement Invention Patent Patent Law 52

Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed.

Invention 40

Invention Patent Inventor Patent Application 40

Intepat

JANUARY 17, 2023

It is a crucial techno-legal document constituted by scientific and technical disclosures which designate the basis of the rights of a patent. Section 7(4) of the Patents Act, 1970 ( the Act) directs that every patent application shall be accompanied by a provisional or a complete specification.

Invention 52

Invention Patent Public Domain Inventor 52

SpicyIP

AUGUST 15, 2021

Anticipation by Prior Publication and Lack of Novelty. The defendant argued that CTPR was disclosed and published in US’424, US’357 and EP’508 patents which are Markush type patents and have priority dates even prior to IN’978. Things to Look Out for at the Trial.

Invention 52

Invention Patent Publishing Patent Infringement 52

Trading Secrets

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

Invention 52

Invention Confidentiality Privacy Public Use 52