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

Guest Post by Profs. Masur & Ouellette: Public Use Without the Public Using

Patently-O

Masur (Chicago Law) and Lisa Larrimore Ouellette (Stanford Law). What is it that makes a usepublic” 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? Guest post by Professors Jonathan S.

article thumbnail

Can You Patent Your Idea?

LexBlog IP

Novelty: An invention or one very similar to it must already be patented, described in someone else’s patent or patent application, described in a printed publication, on sale, or in public use before the application date (with some exceptions granting the inventor a grace period of one year prior to the application date).

Patent 40
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

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

Patently-O

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
article thumbnail

Yes, A Secret Process Can (Still) Create an On-Sale Bar

LexBlog IP

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). §102 modified pre-AIA law regarding the sale of products made with a secret process. In its 2018 decision in Helsinn Healthcare S.A.

article thumbnail

Prior Art: The Patent Pitfall

Larson & Larson

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.

Art 52
article thumbnail

The IPKat EPO Boards of Appeal Year in Review 2023

The IPKat

PatKat reviewing the year It is time once more for the IPKat patent year in review! Pour yourself a glass of mulled wine, curl up with your favourite feline and catch-up on your EPO case law. Additionally, it is possible that the EPO wishes to connect the case law on plausibility with that on computer implemented inventions.

Invention 110
article thumbnail

Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights

LexBlog IP

First, contractors have a duty of disclosure to their funding agency that is separate from the duty of disclosure for patent applications. Standard patent rights clauses. (c) c) Invention Disclosure, Election of Title and Filing of Patent Application by Contractor. (1) Patent rights under federally funded research.