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.” A new petition asks the court to examine the phrase again and help define when a document crosses the publication threshold. 102(a)(1). Centripetal Networks, Inc. 869, 877 (Fed.

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). In its 2018 decision in Helsinn Healthcare S.A. Teva Pharmaceuticals USA, Inc. , ” 35 U.S.C. § § 102(b) (pre-AIA).

Invention 52

Invention Confidentiality Inventor Public Use 52

The IPKat

MAY 15, 2023

The Opponent submitted evidence of alleged prior use in the form of the insulin injection pen ( GensuPen ). The Opponent argued that the claimed invention lacked novelty in view of the prior use of the GensuPen ( Article 54(2) EPC ). The Opposition Division (OD) found that the alleged prior use was not 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

Larson & Larson

FEBRUARY 13, 2021

It’s the legal term for ‘thing that is exactly like my thing that was in the public before I made my thing.’ The term covers anything that was sold in public, used publicly, described in a magazine or similar publication, or already has a patent on file with the patent office.

Art 52

Art Patent Invention Patent Application 52

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 inventor of the invention and the corresponding contract number that the agreement was conceived under.

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52

The IPKat

DECEMBER 22, 2023

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. Plausibility demystified - a review of EPO case law before G 2/21 G 2/21: Is the technical effect embodied by the invention as originally disclosed?

Invention 110

Invention Inventor Patent Law 110

Patently-O

FEBRUARY 6, 2023

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 inventors here used conventional plant breeding to create a new form of petunia (Calibrachoa). Microsoft Corp.,

Public Use 73

Public Use Invention Inventor Confidentiality 73

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. Attendees had no confidentiality obligations and “were not provided any gene or breeding information.” Under those facts, the Federal Circuit determined there was no prior public use.

Public Use 98

Public Use Patent Invention Confidentiality 98

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. Attendees had no confidentiality obligations and “were not provided any gene or breeding information.” But in that prior case, Delano Farms Co. § 161.

Public Use 52

Public Use Patent Invention Confidentiality 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The parties are currently engaged in supplemental expert discovery on Hospira and Pfizer’s on-sale bar and public use defenses, and the court has resolved two discovery disputes this year stemming from these issues. Non-Confidential Brief for Plaintiff-Appellant at 25, 35.) 9,643,997, which is directed to protein purification.

Settlement 52

Settlement Litigation Marketing Marketing 52