Larson & Larson

FEBRUARY 13, 2021

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. What is Prior Art? You may have heard the term ‘prior art’ before in the context of patents.

Art 52

Art Patent Invention Patent Application 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. § Minerva did not disclose the devices under any confidentiality obligations, despite the commercial nature of the event. § 102(b).

Invention 52

Invention Public Use Inventor Confidentiality 52

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?

Public Use 90

Public Use Inventor Invention Art 90

LexBlog IP

FEBRUARY 9, 2022

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). In its 2018 decision in Helsinn Healthcare S.A. Teva Pharmaceuticals USA, Inc. , ” 35 U.S.C. § § 102(b) (pre-AIA).

Invention 52

Invention Confidentiality Inventor Public Use 52

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.

Invention 110

Invention Inventor Patent Law 110

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).

Public Use 73

Public Use Invention Inventor Confidentiality 73