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 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.

Confidentiality 134

Confidentiality Public Use Patent Application Invention 134

Garrigues Blog

NOVEMBER 15, 2021

This opposition procedure for European patents is particularly useful when the patent in question is hindering our commercial interests and we have adequate reasons to revoke its registration. One of the most effective ways of obtaining the revocation is to prove “prior public use”. We look at what this consists of below.

Public Use 98

Public Use Patent Invention Art 98

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

AUGUST 13, 2021

The court relied upon additional facts not found in the question presented–noting that the document in question was distributed to hundreds of customers over a span of years and without any confidentiality restrictions; and that product advertisements were designed to attract persons of skill in the art. 102(a)(1).

Confidentiality 90

Confidentiality Advertising Advertising Invention 90

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