The IPKat

JANUARY 31, 2023

The recent Board of Appeal decision in T 0670/20 considered whether patients in a clinical trial were under conditions of confidentiality. The patent was for a tablet formulation that had been given to patients in a clinical trial conducted before the patent had been filed. Confidentiality in clinical trials.

Confidentiality 134

Confidentiality Public Use Patent Application Invention 134

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.

Art 52

Art Patent Invention Patent Application 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

IP Tech Blog

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). 35 U.S.C. § 102(a)(1) (AIA)(emphasis added).

Invention 57

Invention Confidentiality Public Use Patent 57

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). ” 35 U.S.C. §

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