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Can You Patent Your Idea?

LexBlog IP

The United States Patent and Trademark Office (USPTO) grants patents to inventions every day. Not every application succeeds in becoming a granted patent, though. Important requirements must be met in order for an invention to be patented. Usefulness: This is a low bar to meet, fortunately.

Patent 40
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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. You may have heard the term ‘prior art’ before in the context of patents. Exceptions.

Art 52
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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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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? Begin with the question of who is doing the using.

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

IP Tech Blog

337-TA-1264) — as a matter of first impression — that a patentee’s sale of an unpatented product made with a secret process can create an on-sale bar to the patentability of the process. 102 modified pre-AIA law regarding the sale of products made with a secret process. and Jinhe USA LLC (collectively “Jinhe”). 102(a)(1). 35 U.S.C. §

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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

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”? What prerogatives does the right to prior use grant?

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

LexBlog IP

337-TA-1264) — as a matter of first impression — that a patentee’s sale of an unpatented product made with a secret process can create an on-sale bar to the patentability of the process. §102 modified pre-AIA law regarding the sale of products made with a secret process. § 102(a)(1). ” 35 U.S.C. §