IP Watchdog

OCTOBER 26, 2023

However, fewer startups are aware of the public-use bar and how activities pursued with the goal of growing their businesses may unwittingly invoke it.

Public Use 59

Public Use Intellectual Property Patent Application Business 59

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Last week, in a non-precedential opinion for an appeal from a Patent and Trial Appeals Board (PTAB) decision (In re WinGen), the Federal Circuit addressed prior public use under pre-AIA 35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

Public Use 52

Public Use Patent 52

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

Public Use 56

Public Use Invention 56

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.”

Public Use 98

Public Use Patent Invention Confidentiality 98

Patently-O

AUGUST 5, 2024

The basic holding is that the 102(a)(2)/(b)(2) safe harbor triggered by an inventor’s pre-filing “public disclosure” of the invention requires that the invention be made “reasonably available to the public.” ” Neither public uses nor private sales satisfy this requirement. 333 (1881).

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Invention Inventor Art Public Use 111

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

Public Use 96

Public Use IP Patent 96

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.,

Public Use 75

Public Use Invention Inventor Confidentiality 75

TorrentFreak

APRIL 11, 2022

However, piracy remains a concern, particularly in Vietnam, Malaysia, and the Philippines, where more than 60% of the public uses pirate sites. According to CAP, pirate site blocking efforts are also driving traffic to legal sources in other countries in the Asia Pacific region.

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Government Public Use Copyright 145

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

Public Use 66

Public Use Invention Patent 66

JD Supra Law

DECEMBER 21, 2023

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. By: Smith Anderson

Patent 72

Patent Public Use Patent Law Government 72

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

Public Use 52

Public Use Invention Patent 52

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

Public Use 63

Public Use Reporting IP Patent 63

JD Supra Law

FEBRUARY 24, 2023

Addressing the public use bar of pre-America-Invents-Act (AIA) 35 U.S.C. § Minerva Surgical, Inc.

Public Use 56

Public Use Invention Art Patent 56

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?

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Intellectual Property Technology Licensing Invention 105

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. §

Inventor 60

Inventor Invention Public Use Art 60

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. ” A patent applicant is not entitled to a patent when the claimed invention was “in public use. § 101 rather than a plant patent under 35 U.S.C. §

Public Use 52

Public Use Patent Invention Confidentiality 52

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).

Invention 52

Invention Public Use Inventor Confidentiality 52

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.

Patent 52

Patent Public Use Art 52

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

Public Use 52

Public Use Patent 52

Intellectual Property Brief

MARCH 23, 2023

The public display of simply a prototype of a patentable technology for marketing purposes, over a year prior to its patenting, is enough to rule that the technology is in public use, ready for patenting, and is thus invalid. Minerva Surgical Inc. filed a patent for a medical device called the Aurora. The Aurora is.

Public Use 52

Public Use Technology Marketing Marketing 52

TorrentFreak

NOVEMBER 8, 2024

Five Counts, Various Aspects of Copyright Law Count One: Unauthorized Public Performance and Reproduction Nintendo alleges that the defendant streamed its copyrighted games without authorization, including Mario & Luigi Brothership, Super Mario Party Jamboree, and Super Mario RPG.

Copying 128

Copying Copyright Law Technology Copyright 128

IPilogue

MARCH 27, 2023

Therefore, although someone may use the original version of Mickey Mouse in a work, they are not able to use this version of Mickey Mouse for any branding purposes or any purpose that would cause consumers to be confused about the source of the Mickey Mouse product.

Public Domain 105

Public Domain Copyright Law Copyright Registering Trademarks 105

Patently-O

AUGUST 22, 2022

And, once a patent expires (or is refused or forfeited by public use), the balance allows “free access to copy whatever the federal patent and copyright laws leave in the public domain.” ” Compco Corp. Day–Brite Lighting, Inc. ,

Patent Law 91

Patent Law Law Patent Invention 91

Patently-O

JANUARY 17, 2022

We would require a clear and certain signal from Congress before approving the position of a litigant who, as respondent here, argues that the beachhead of privilege is wider, and the area of public use narrower, than courts had previously thought. No such signal legitimizes respondent’s position in this litigation.”.

Patent 122

Patent Invention Litigation Patent Law 122

The TTABlog

AUGUST 6, 2024

In its genericness analysis the Board relied on dictionary definitions, on third-party usage, and on Shepherd's own use of the proposed mark to refer to a type of product rather than a source. Its finding that the public used the proposed mark generically was supported by substantial evidence. Contrary to C.E.

Advertising 72

Advertising Advertising Public Use Marketing 72

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.

Public Domain 52

Public Domain Intellectual Property Copyright Law Public Use 52

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.

Invention 78

Invention Art Litigation Public Use 78

Patently-O

AUGUST 13, 2021

.” 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).

Confidentiality 92

Confidentiality Advertising Advertising Invention 92

The IPKat

MAY 15, 2023

Further reading Boards of Appeal are competent to overturn a finding of fact at first instance (T 1604/16) Confidentiality restrictions around clinical trials and prior public use (T 0670/20) Proving the existence of confidentiality agreements and the celestial teapot - T 2037/18 Image credit: B Kliban

Confidentiality 131

Confidentiality Law Public Use Invention 131

The IPKat

FEBRUARY 1, 2023

Rose also looked at a Board of Appeal decision that considered whether patients in a clinical trial of a tablet formulation conducted before patent filing could be considered members of the public, and whether their participation in the clinical trial constituted prior public use of the formulation.

Inventor 67

Inventor Confidentiality Public Use Reporting 67

LexBlog IP

FEBRUARY 7, 2024

against a news publication using the term “Punchbowl,” even though the publication was an expressive work. The Ninth Circuit, relying on Jack Daniel’s, also recently refused to apply Rogers and revived a trademark infringement suit brought by Punchbowl, Inc. Read more

Trademark 52

Trademark Public Use Designs Design 52

IP Law 360

NOVEMBER 14, 2022

The Ninth Circuit on Monday solidified a trademark win by former Politico reporters who started Punchbowl News, ruling that the publication's use of a Boston party and event planning startup's "Punchbowl" trademark is beyond the Lanham Act's scope.

Public Use 40

Public Use Reporting Trademark 40

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).

Patent 40

Patent Invention Patent Application Public Use 40

IP and Legal Filings

JULY 8, 2022

b) an industrial design that is contrary to public order or morality.

Registration 91

Registration Designs Design Copying 91

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. That is, the likeness must be distributed to members of the public in a way calculated to bring in money.

Advertising 59

Advertising Advertising False Advertising Public Use 59

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 57

LexBlog IP

OCTOBER 3, 2022

The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. Patent rights under federally funded research.

Contracts 52

Contracts Invention Licensing Government 52