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Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

The IPKat

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. Critically, to satisfy the prior use test, it is not necessary to show that a disclosure has in fact taken place.

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Prior Art: The Patent Pitfall

Larson & Larson

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
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Understanding The Patent Specification Of An Invention

Intepat

It provides an opportunity for the applicant to provide information regarding the invention in order to be entitled to claim protection. It is a crucial techno-legal document constituted by scientific and technical disclosures which designate the basis of the rights of a patent. Prior art and problem to be solved.