Art Patent Patent Application Public Use 
The IPKat
JANUARY 31, 2023
The patent was for a tablet formulation that had been given to patients in a clinical trial conducted before the patent had been filed. 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.
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.
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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?
Patently-O
MAY 19, 2022
Cheyer & Martin (but not Moran) file for patent protection on aspects of the OAA that were not fully disclosed within the original publication. And the Question : Does the prior publication count as prior art in an IPR obviousness analysis? = = =. A person shall be entitled to a patent unless —. (a)
IP Tech Blog
FEBRUARY 9, 2022
337-TA-1264) — as a matter of first impression — that a patentee’s sale of an unpatented product made with a secret process can create an on-sale bar to the patentability of the process. Under the pre-AIA law, a patentee’s sale of an unpatented product made with a secret process can create an on-sale bar to the patentability of the process.
LexBlog IP
FEBRUARY 9, 2022
337-TA-1264) — as a matter of first impression — that a patentee’s sale of an unpatented product made with a secret process can create an on-sale bar to the patentability of the process. But the asserted patents have a priority date after the effective date of the AIA, so the AIA version of the §102 on-sale bar applies.
The IPKat
DECEMBER 24, 2022
Board of Appeal finds no legal basis for the requirement to amend the description in line with the claims (T1989/18) (26 Dec 2021) Can amending the description to summarize the prior art add matter to the patent application as filed? (T Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) ST.26
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