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Public-Use Bar: What Startups Need to Know

IP Watchdog

Many startups are aware of how the on-sale bar interacts with these pressures and the associated need to file patent applications on any technology prior to offering or placing it on sale.

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

Patently-O

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? 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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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
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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
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The Inventive Entity and Prior Publication by Another

Patently-O

(b) the invention was patented or described in a printed publication … more than one year prior to the date of the application for patent in the United States, or. We can quickly eliminate the 102(b) time-bar because the patent applications at issue here were filed within the one-year grace period.

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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
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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.