Patently-O

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.

Public Use 86

Public Use Inventor Invention Art 86

LexBlog IP

FEBRUARY 21, 2023

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.”

Invention 52

Invention Inventor Public Use Confidentiality 52

Patently-O

FEBRUARY 6, 2023

by Dennis Crouch We all love flowers, but what is their real purpose, their “use.” Here, the Federal Circuit has affirmed that the claims are invalid based upon a pre-filing trade-show display of the ornamental plant — holding that the display counted as a “public use.”

Public Use 68

Public Use Invention Inventor Confidentiality 68

IP Tech Blog

FEBRUARY 9, 2022

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). In its 2018 decision in Helsinn Healthcare S.A. Teva Pharmaceuticals USA, Inc. ,

Privacy 59

Privacy Blogging Confidentiality Inventor 59

The IPKat

FEBRUARY 1, 2023

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.

Inventor 57

Inventor Confidentiality Public Use Reporting 57

Patently-O

MAY 19, 2022

Cheyer & Martin (but not Moran) file for patent protection on aspects of the OAA that were not fully disclosed within the original publication. And the Question : Does the prior publication count as prior art in an IPR obviousness analysis? = = =. Although the Board granted the petition, it eventually concluded that the prior publication was not prior art and thus sided with the patentee in its final written decision. by Dennis Crouch.

Inventor 50

Inventor Art Invention Public Use 50

Patently-O

AUGUST 22, 2022

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.” The key difference is that the Boat Hull statute offered rights to inventions available to the public, while trade secret rights only apply information outside of public awareness. by Dennis Crouch.

Patent Law 86

Patent Law Invention Inventor Law 86

Larson & Larson

FEBRUARY 13, 2021

This makes the term ‘prior art’ an important concept for inventors to understand. It’s the legal term for ‘thing that is exactly like my thing that was in the public before I made my thing.’

Art 52

Art Invention Inventor Public Domain 52

LexBlog IP

NOVEMBER 7, 2021

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). Usefulness: This is a low bar to meet, fortunately. It doesn’t mean the invention has to provide some important use.

Invention 40

Invention Patent Application Inventor Public Use 40

LexBlog IP

OCTOBER 3, 2022

1) The contractor will disclose each subject invention to the Federal Agency within two months after the inventor discloses it in writing to contractor personnel responsible for patent matters. In these cases, it is up to the inventors to protect their invention by filing for a patent.

Invention 52

Invention Contracts Inventor Licensing 52

The IPKat

DECEMBER 24, 2022

Separately from the Boards of Appeal, the use of ViCo oral proceedings in opposition proceedings has now been placed on a permanent footing by the EPO President ( IPKat ). the girl is very unlikely to get a valid patent in view of her potentially novelty destroying prior use of the invention.

Invention 62

Invention Inventor Publishing Patent Application 62

LexBlog IP

FEBRUARY 9, 2022

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). In its 2018 decision in Helsinn Healthcare S.A. Teva Pharmaceuticals USA, Inc. ,

Invention 52

Invention Confidentiality Inventor Patent 52

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. What is the right of prior use or “pre-use”? Real intention to use.

Invention 52

Invention Blogging Patent Law Inventor 52

LexBlog IP

OCTOBER 24, 2022

The inventor of the invention and the corresponding contract number that the agreement was conceived under. Identification of any publication, sale, offer for sale, or public use of the subject invention, or publication of the invention.

Intellectual Property 52

Intellectual Property Invention Contracts Reporting 52

Above the Fold

JULY 5, 2022

Below are three possible situations in which you can use intellectual property tools with respect to a product’s nature, originality, consumer driven features, and potential for growth. The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2] In sum, these scenarios exemplify only a number of ways in which you can use intellectual property tools to protect your fashion design.

Intellectual Property 40

Intellectual Property Designs Design Design Patent 40

LexBlog IP

JULY 5, 2022

Below are three possible situations in which you can use intellectual property tools with respect to a product’s nature, originality, consumer driven features, and potential for growth.

Intellectual Property 52

Intellectual Property Designs Design Design Patent 52

LexBlog IP

JANUARY 5, 2022

But the Texas courts found no taking, reasoning that nothing was taken from the photographer as he still had the right to use, and license others to use, his photographs. In short, patents are public franchises, not private property.

Intellectual Property 52

Intellectual Property Government Ownership Invention 52