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Spilling Secrets to AI: Does Chatting with ChatGPT Unleash Trade Secret or Invention Disclosure Dilemmas?

Trading Secrets

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

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Functional Medical Device Demonstrated at Trade Show Trigged On Sale Bar of pre-AIA 102(b)

LexBlog IP

9,186,208 on surgical devices for a procedure called endometrial ablation were anticipated under the public use bar of pre-AIA 35 U.S.C. § Minerva did not disclose the devices under any confidentiality obligations, despite the commercial nature of the event. § 102(b).

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Spilling Secrets to AI: Does Chatting with ChatGPT Unleash Trade Secret or Invention Disclosure Dilemmas?

LexBlog IP

In our AI-driven world, we might rephrase it as: If we share our secrets with an AI language model like ChatGPT, but the information remains unused, does it count as trade secret disclosure or public disclosure of an invention? Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale.

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Yes, A Secret Process Can (Still) Create an On-Sale Bar

IP Tech Blog

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). The issue at the heart of ALJ Cheney’s decision was whether the Leahy-Smith America Invents Act’s (AIA) amendments to the on-sale bar in 35 U.S.C.

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Yes, A Secret Process Can (Still) Create an On-Sale Bar

LexBlog IP

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).

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Intellectual Property Rights and Federally Funded Research

LexBlog IP

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.

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The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

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