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 pre-AIA version of the §102 on-sale bar stated that a person shall be entitled to a patent unless “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States.”

Invention 57

Invention Confidentiality Public Use Patent 57

SpicyIP

AUGUST 15, 2021

First , when the preferred embodiments from the complete specification of the genus patent are applied to the concerned Markush structure, it led to CTPR, as the defendant demonstrated using a chart. Anticipation by Prior Publication and Lack of Novelty. Things to Look Out for at the Trial.

Invention 52

Invention Patent Publishing Patent Infringement 52