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

Patently-O

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? Or does it matter whether the use is itself in public, as opposed to taking place in secret behind closed doors?

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Public-Use Bar: What Startups Need to Know

IP Watchdog

Many startups are aware of how the on-sale bar interacts with these pressures and the associated need to file patent applications on any technology prior to offering or placing it on sale.

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Public use == “accessible to the public.”

Patently-O

by Dennis Crouch Bottom line in this new Minerva case — file your patent application before bringing a new product to a trade show. Minerva’s ‘208 patent claims a device for endometrial ablation and includes a 2011 priority filing date. Minerva Surgical, Inc. It was also pitched to a potential acquirer.

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Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

The IPKat

The patent was for a tablet formulation that had been given to patients in a clinical trial conducted before the patent had been filed. The question became whether the patients could be considered members of the public, and whether their participation in the clinical trial therefore constituted prior public use of the formulation.

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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.

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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. July 31, 2024). .”

Invention 111
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MYTH VS. REALITY: CAN YOU PATENT AN IDEA?

Intepat

One of the most controversial topics is the patentability of an idea , as it creates confusion between the understanding of an idea and an invention. Therefore, it’s the invention that could get patented and not the idea. As aforementioned, an idea is the start of an innovation, but the idea alone cannot be patented.

Patent 52