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Public-Use Bar: What Startups Need to Know

IP Watchdog

Two such pressures that are frequently at odds with each other are the need to adequately protect the intellectual property that will be the basis for future revenue and investment, and the need to bring such revenue and investment into the business to allow for continued technology development and commercialization.

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Functional Medical Device Demonstrated at Trade Show Trigged On Sale Bar of pre-AIA 102(b)

LexBlog IP

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.” Hologic, Inc., § 102(b).

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Patent Law Canons and Canards: Bonito Boats

Patently-O

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. 141 (1989).

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Understanding The Patent Specification Of An Invention

Intepat

A patent specification is a disclosure to the public at large regarding the invention as well as the scope of protection that would be granted to the invention. It is a crucial techno-legal document constituted by scientific and technical disclosures which designate the basis of the rights of a patent.

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The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

PatKat reviewing the year It is time once more for the IPKat patent year in review! This approach contrasts with the Board of Appeal decision in T 1158/20 which controversially found that G 1/21 could be dynamically interpreted (or to put it less favourably, ignored) in view of the significant improvements in ViCo technology.

Invention 110
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Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights

LexBlog IP

The act also establishes the rights for businesses and nonprofits to patent and commercialize inventions developed within the scope of the funding agreement. 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)

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Yes, A Secret Process Can (Still) Create an On-Sale Bar

LexBlog IP

the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). But the asserted patents have a priority date after the effective date of the AIA, so the AIA version of the §102 on-sale bar applies.