article thumbnail

Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

The IPKat

The recent Board of Appeal decision in T 0670/20 considered whether patients in a clinical trial were under conditions of confidentiality. The patent was for a tablet formulation that had been given to patients in a clinical trial conducted before the patent had been filed. Confidentiality in clinical trials.

article thumbnail

“Prior public use”: an effective ground for opposition against the grant of a European patent

Garrigues Blog

The opposition procedure for European patents, enables third parties, within nine months of the publication of the mention of the grant of the patent, to oppose that patent at the European Patent Office (EPO). One of the most effective ways of obtaining the revocation is to prove “prior public use”.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

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. Hologic, Inc., § 102(b).

article thumbnail

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

Trading Secrets

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement). enablement). Thankfully, the U.S.

article thumbnail

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

LexBlog IP

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement). enablement). Thankfully, the U.S.

article thumbnail

Never too late: if you missed the IPKat last week

The IPKat

Patents Benjamin unpacked a patent royalties dispute between the University of Oxford and a student inventor, where the English High Court explained which categories of students should be treated as consumers for the purposes of consumer protection law, and why. We can’t believe it’s already February. Here’s what you missed last week.

article thumbnail

The free evaluation of evidence of prior use (T 0042/19)

The IPKat

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.