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. You may have heard the term ‘prior art’ before in the context of patents. What is Prior Art?

Art 52

Art Patent Invention Patent Application 52

Patently-O

AUGUST 13, 2021

The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” ” That language has carried through the various major patent law overhauls and continues as a prominent aspect of 35 U.S.C. 102(a)(1). Centripetal Networks, Inc.

Confidentiality 90

Confidentiality Advertising Advertising Invention 90

LexBlog IP

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). 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.

Invention 52

Invention Confidentiality Inventor Public Use 52

The IPKat

MAY 15, 2023

Striking the middle ground In T 0042/19 , the patent in question ( EP2846857 ) related to an injection device. The Opponent submitted evidence of alleged prior use in the form of the insulin injection pen ( GensuPen ). The Board of Appeal agreed with the OD that the prior use had not been sufficiently proven.

Confidentiality 131

Confidentiality Law Public Use Invention 131

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

LexBlog IP

OCTOBER 24, 2022

However, if the Contractor fails to report any inventions to the contracting officer within two months of preparing the corresponding patent applications, the Contractor risks losing ownership of those inventions. The nations in which the Contractor seeks to file the patent application. important;}}.

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52

The IP Law Blog

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. Wingen LLC (“Wingen”) applied for a reissue of its utility patent for a Calibrachoa plant, called Cherry Star, which is similar to a petunia. But in that prior case, Delano Farms Co.

Public Use 98

Public Use Patent Invention Confidentiality 98

The IPKat

DECEMBER 22, 2023

PatKat reviewing the year It is time once more for the IPKat patent year in review! Another source of confusion is the divergent approaches of the UK courts and the EPO with respect to the test for the evidence standard in sufficiency and inventive step analysis. Food for thought. This is one to watch for 2024.

Invention 110

Invention Inventor Patent Law 110

Patently-O

FEBRUARY 6, 2023

The utility patent at issue covers a petunia plant. Here, the Federal Circuit has affirmed that the claims are invalid based upon a pre-filing trade-show display of the ornamental plant — holding that the display counted as a “public use.” The oddity of this utility patent is that it claims an ornamental plant.

Public Use 73

Public Use Invention Inventor Confidentiality 73

LexBlog IP

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. Wingen LLC (“Wingen”) applied for a reissue of its utility patent for a Calibrachoa plant, called Cherry Star, which is similar to a petunia. § 161.

Public Use 52

Public Use Patent Invention Confidentiality 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Manufacturers of Enbrel ® biosimilars (Sandoz and Samsung Bioepis) have been embroiled in patent litigation with Immunex, and, as discussed below, Sandoz recently lost its appeal to the Federal Circuit. All currently approved Humira ® biosimilars cannot launch until 2023 per settlements with AbbVie. FDA Addresses the COVID-19 Global Pandemic.

Settlement 52

Settlement Litigation Marketing Marketing 52