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Public-Use Bar: What Startups Need to Know

IP Watchdog

However, fewer startups are aware of the public-use bar and how activities pursued with the goal of growing their businesses may unwittingly invoke it.

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Functional Medical Device Demonstrated at Trade Show Trigged On Sale Bar of pre-AIA 102(b)

LexBlog IP

9,186,208 on surgical devices for a procedure called endometrial ablation were anticipated under the public use bar of pre-AIA 35 U.S.C. § The Federal Circuit then pointed out that at the time of the public use, the technology was “ready for patenting.” § 102(b).

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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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Never too late: if you missed the IPKat last week

The IPKat

Patents Benjamin unpacked a patent royalties dispute between the University of Oxford and a student inventor, where the English High Court explained which categories of students should be treated as consumers for the purposes of consumer protection law, and why.

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The Inventive Entity and Prior Publication by Another

Patently-O

102(a) prior art asks whether the IPA invention was already the subject of a printed publication prior by the time the IPA inventors created their invention. Thus, a prior publication by inventors (or a subset of the inventors) does not count as prior art under 102(a). In re Katz, 687 F.2d 2d 450 (CCPA 1982).

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Patent Law Canons and Canards: Bonito Boats

Patently-O

And, once a patent expires (or is refused or forfeited by public use), the balance allows “free access to copy whatever the federal patent and copyright laws leave in the public domain.” ” Compco Corp. Day–Brite Lighting, Inc. , Metallizing Engineering Co. Kenyon Bearing & Auto Parts Co., 2d 516 (2nd Cir.

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

Patently-O

Historically, an inventor could choose to protect a new manufacturing process either by patenting it or by keeping it as a trade secret – but not both. 1983) (sale of product by a third party who had kept its process secret does not prohibit an independent inventor to patent the process). Gore & Assocs., Garlock, Inc. ,

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