JD Supra Law

DECEMBER 21, 2023

In a noteworthy year for patent law, the U.S. 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. Supreme Court and the U.S.

Patent 70

Patent Public Use Patent Law Government 70

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

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

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

The IPKat

AUGUST 25, 2023

In this regard, the role of legal frameworks such as copyright law, data protection laws and contract law in regulating and structuring data access is significant. That said, it would be interesting to understand the extent to which financial constraints dictated the kind of data that researchers use.

Social Media 52

Social Media Law Journalism Copyright 52

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 74

Public Use Invention Inventor Confidentiality 74

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

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

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

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 98

IPilogue

MARCH 27, 2023

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Every year on January 1, works protected under copyright law enter into the public domain due to their copyright protection expiring. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

Public Domain 105

Public Domain Copyright Law Copyright Registering Trademarks 105

The IPKat

FEBRUARY 1, 2023

Patents Benjamin unpacked a patent royalties dispute between the University of Oxford and a student inventor, where the English High Court explained which categories of students should be treated as consumers for the purposes of consumer protection law, and why.

Inventor 67

Inventor Confidentiality Public Use Reporting 67

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 55

Public Use Invention Art Patent 55

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

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

The IPKat

MAY 15, 2023

Boards of Appeal case law on this question currently conflicts ( IPKat ). Current Boards of Appeal case law conflicts on whether a Board of Appeal may review findings of fact from first instance (Case Law of the Boards of Appeal (CLBA), III-G, 4.2 ). The evidence of prior use included a statement from a Ms Simon.

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Confidentiality Law Public Use Invention 131

Patently-O

JANUARY 17, 2022

patent law. Although Deepsouth was barred from using Laitram’s patented inventions throughout the United States , Deepsouth began selling its deveining machine to folks outside of the US in a partially constructed form. Patent Law Amendments Act of 1984, Pub. We know that U.S. patents are territorially limited.

Patent 122

Patent Invention Litigation Patent Law 122

IP Tech Blog

FEBRUARY 9, 2022

102 modified pre-AIA law regarding the sale of products made with a secret process. Under the pre-AIA law, a patentee’s sale of an unpatented product made with a secret process can create an on-sale bar to the patentability of the process. 35 U.S.C. § 102(b) (pre-AIA). 35 U.S.C. § 102(a)(1) (AIA)(emphasis added). 35 U.S.C. §

Invention 57

Invention Confidentiality Public Use Patent 57

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. Relevant case law holds that the statute is violated only when the name or likeness is used to “directly promote a product or service.”

Advertising 59

Advertising Advertising False Advertising Public Use 59

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

FEBRUARY 9, 2022

§102 modified pre-AIA law regarding the sale of products made with a secret process. Under the pre-AIA law, a patentee’s sale of an unpatented product made with a secret process can create an on-sale bar to the patentability of the process. ” 35 U.S.C. § § 102(b) (pre-AIA). ” 35 U.S.C. §

Invention 52

Invention Confidentiality Inventor Public Use 52

LexBlog IP

FEBRUARY 14, 2023

A company can use a unique typeface to convey pretty much anything on any of its products, its advertising, its website, and any other place a company would publicly use the written word. That means after those 15 years pass, then anyone can use the typeface as far as patent law is concerned.

Design Patent 52

Design Patent Designs Design Patent 52

IPilogue

MARCH 27, 2023

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Every year on January 1, works protected under copyright law enter into the public domain due to their copyright protection expiring. The post Mickey Mouse to Enter Public Domain in 2024 appeared first on IPOsgoode.

Public Domain 40

Public Domain Copyright Law Copyright Registering Trademarks 40

The IPKat

DECEMBER 22, 2023

Pour yourself a glass of mulled wine, curl up with your favourite feline and catch-up on your EPO case law. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed? Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything?

Invention 110

Invention Inventor Patent Law 110

Patently-O

AUGUST 13, 2021

The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” ” 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 91

Confidentiality Advertising Advertising Invention 91

Kashishipr

NOVEMBER 10, 2021

A compulsory license is an authorization provided by a national authority to an individual without seeking the consent of the titleholder but after payment of royalties/compensation for the exploitation of the subject matter protected by the law on patents or other IPRs. Reasons for Granting Compulsory License. For more visit: [link].

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Licensing Invention Intellectual Property Marketing 105

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

Patently-O

MARCH 4, 2024

Although the statute does not distinguish between sales by the patentee and those by an unaffiliated third party, Federal Circuit case law does make a distinction. patent law with the rest of the world, where sale of a product does typically not preclude later patenting of the process. Compare D.L. Auld Company v. ”).

Patent 40

Patent Invention Inventor Patent Application 40

IP and Legal Filings

APRIL 23, 2024

Leeds in his research article titled By Eminent Domain Or Some Other Name: A Tribal Perspective On Taking Land published in Tulsa Law Review mentions how eminent domain has affected the Tribal population of India.

Publishing 86

Publishing Settlement Ownership Business 86

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

Garrigues Blog

JANUARY 12, 2022

In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ). In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. What are the requirements for the recognition of a prior use right?

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

The IPKat

DECEMBER 24, 2022

Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) ST.26 The Guidelines are, however, often out of step with current Boards of Appeal case law, and lag behind even the most uncontroversial of case law developments. 26 ( IPKat ).

Invention 76

Invention Inventor Patent Publishing 76

Patently-O

APRIL 6, 2023

In that case, the Court found that Google’s use of Java API naming conventions in its Android operating system was fair use under copyright law. Because its fair use decision decided the case, the court did not rule separately on whether the API was even copyrightable in the first place. Oracle America, Inc. ,

Copyright 57

Copyright Copying Copyright Infringement Fair Use 57

LexBlog IP

JANUARY 10, 2024

It is strange because that would mean that the unpublished portions would also be government works available for public use. The moving, response, and reply papers were all filed in the same December 6-7, 2023 time frame by lawyers for Woodward and the former President, respectively. What did those papers say? ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52

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

IP and Legal Filings

JULY 8, 2022

b) an industrial design that is contrary to public order or morality. Any person who carries out any of the following acts shall be punishable by imprisonment for a period not exceeding two years, a fine not exceeding two thousand rials Omani or both: (a) imitates an industrial design registered under this Law. (b)

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Registration Designs Design Copying 68

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