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?
The IPKat
JANUARY 31, 2023
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. Critically, to satisfy the prior use test, it is not necessary to show that a disclosure has in fact taken place.
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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. This makes the term ‘prior art’ an important concept for inventors to understand.
Patently-O
MAY 19, 2022
And the Question : Does the prior publication count as prior art in an IPR obviousness analysis? = = =. Although the Board granted the petition, it eventually concluded that the prior publication was not prior art and thus sided with the patentee in its final written decision. a) Novelty; Prior Art.—A
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.”
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.”
The IPKat
DECEMBER 22, 2023
The topic of prior use has been elevated to the status of a referral to the Enlarged Board of Appeal ( G1/23 ). The free evaluation of evidence of prior use (T 0042/19) New EBA referral: When is prior use of a product excluded from the prior art for lack of enablement? This is one to watch for 2024.
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