Remove Invention Remove Inventor Remove Patent Law Remove Public Use
article thumbnail

Patent Law Canons and Canards: Bonito Boats

Patently-O

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law.

article thumbnail

Celanese v. ITC: Can a Secret Manufacturing Process Be Patented After Sale of the Resulting Product?

Patently-O

The case has major implications for the relationship between patent rights and trade secret rights. Historically, an inventor could choose to protect a new manufacturing process either by patenting it or by keeping it as a trade secret – but not both. Gore & Assocs., Garlock, Inc. , 2d 1540 (Fed. 2d 516 (2d Cir.

Patent 40
Insiders

Sign Up for our Newsletter

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

article thumbnail

Can You Patent Your Idea?

LexBlog IP

The United States Patent and Trademark Office (USPTO) grants patents to inventions every day. Not every application succeeds in becoming a granted patent, though. Important requirements must be met in order for an invention to be patented. Usefulness: This is a low bar to meet, fortunately.

Patent 40
article thumbnail

The IPKat EPO Boards of Appeal Year in Review 2022

The IPKat

Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) ST.26 These included the decision in T 1349/19, finding against an inventive step attack based on a step-by-step path to a goal only known from hindsight ( IPKat ). 26 ( IPKat ).

article thumbnail

I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. All of us at the Garrigues IP Blog would like to wish you a very happy new year.

article thumbnail

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