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Public-Use Bar: What Startups Need to Know

IP Watchdog

Two such pressures that are frequently at odds with each other are the need to adequately protect the intellectual property that will be the basis for future revenue and investment, and the need to bring such revenue and investment into the business to allow for continued technology development and commercialization.

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Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights

LexBlog IP

The act sets up a mechanism for transferring federally funded research to be performed by businesses and nonprofits through funding agreements. The act also establishes the rights for businesses and nonprofits to patent and commercialize inventions developed within the scope of the funding agreement.

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Can You Patent Your Idea?

LexBlog IP

Novelty: An invention or one very similar to it must already be patented, described in someone else’s patent or patent application, described in a printed publication, on sale, or in public use before the application date (with some exceptions granting the inventor a grace period of one year prior to the application date).

Patent 40
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The IPKat EPO Boards of Appeal Year in Review 2022

The IPKat

As a busy year comes, take the time to settle down with your favourite feline friend, a mince pie and the annual IPKat EPO Boards of Appeal roundup. It is a shame the EPO's otherwise heart-warming story perpetuates a common misconception among independent inventors that testing your invention in public is fine from a patenting perspective.

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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

This seems like the perfect time, then, to talk about one of the scenarios in which (IP wise) the past can prove to be extremely important when facing the future: the right of prior use to counter infringement of patents or utility models. What is the right of prior use or “pre-use”?

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The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart

SpicyIP

On 8th December, the National Institute of Standards and Technology (NIST) released draft guidelines inviting comments on the use of “March-In” rights in furtherance of the Biden administration’s objective of lowering drug prices. which requires patented products to be significantly manufactured in the US until it is commercially infeasible.