Larson & Larson

FEBRUARY 13, 2021

A high number of patent applications are given a non-final rejection from the USPTO according to Yale. Often, the reason that the patent office will cite for rejecting an application is the presence of prior art. This makes the term ‘prior art’ an important concept for inventors to understand. What is Prior Art?

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Art Patent Invention Patent Application 52

LexBlog IP

OCTOBER 3, 2022

The act also establishes the rights for businesses and nonprofits to patent and commercialize inventions developed within the scope of the funding agreement. In exchange for the funding agreement, contractors must disclose any invention conceived or reduced to practice under the funding agreement to the funding agency.

Contracts 52

Contracts Invention Licensing Government 52

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?

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Public Use Inventor Invention Art 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). But the asserted patents have a priority date after the effective date of the AIA, so the AIA version of the §102 on-sale bar applies.

Invention 52

Invention Confidentiality Inventor Public Use 52

The IPKat

DECEMBER 24, 2022

Board of Appeal finds no legal basis for the requirement to amend the description in line with the claims (T1989/18) (26 Dec 2021) Can amending the description to summarize the prior art add matter to the patent application as filed? (T Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) ST.26

Invention 76

Invention Inventor Patent Publishing 76

SpicyIP

JANUARY 5, 2024

It seems that the domestic pressure resulting from their ever-increasing healthcare costs has reached a point where there is finally some re-examination of how their patent system is affecting costs. According to the NIST, the US govt invests approximately $115 billion in R&D through various universities, non-profits, and businesses.

Invention 69

Invention Government Intellectual Property IP 69

Garrigues Blog

JANUARY 12, 2022

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. What is the right of prior use or “pre-use”?

Patent Infringement 52

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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 nations in which the Contractor seeks to file the patent application. important;}}.

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52

LexBlog IP

JANUARY 5, 2022

And, it goes like this–the relevant concept in the United States is that a person shall “ no[t] be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” 14 Landslide 30 (No. Wright , 94 U.S. ”); James v. 2d 480 (Fed.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Patently-O

FEBRUARY 6, 2023

The utility patent at issue covers a petunia plant. 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 oddity of this utility patent is that it claims an ornamental plant.

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