Guest Post by Profs. Masur & Ouellette: Public Use Without the Public Using
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? Instead, the issue of who is doing the using turns out to affect where and how that use must occur if it is to be public use.
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