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

Patent Infringement Invention Patent Patent Law 52

Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed.

Patent 40

Patent Invention Inventor Patent Application 40

SpicyIP

AUGUST 15, 2021

The next argument raised by the defendant was a challenge based on Section 64(1)(a) as per which a patent can be revoked where the invention has been claimed in a patent of an earlier priority date. Anticipation by Prior Publication and Lack of Novelty. Balance of Convenience, Irreparable Harm, and Public Interest.

Invention 52

Invention Patent Publishing Patent Infringement 52