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

IP Tech Blog

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). 35 U.S.C. § 102(a)(1) (AIA)(emphasis added).

Invention 57

Invention Confidentiality Public Use Patent 57

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. BPCIA Litigation. Biosimilar Regulatory Updates.

Settlement 52

Settlement Litigation Marketing Marketing 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. 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