JD Supra Law

MARCH 7, 2023

Minerva”) had engaged in an invalidating public use more than one year before its patent filing. . On February 15, 2023, the Federal Circuit (“CAFC”) affirmed a summary judgment ruling that, by merely showcasing an embodying device at an industry event (the “Event”), Minerva Surgical, Inc. By: Irwin IP LLP

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JD Supra Law

DECEMBER 21, 2023

In a noteworthy year for patent law, the U.S. Court of Appeals for the Federal Circuit issued several decisions that will shape the patent landscape and the Federal Rules of Evidence governing expert testimony were amended. Supreme Court and the U.S. By: Smith Anderson

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JD Supra Law

AUGUST 15, 2023

Section 102 of the Patent Act holds that an invention may not be patented if it was in public use before the effective filing date of the patented invention. The public use bar to patenting is triggered if the invention is both “in public use” and “ready for patenting.”

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Public Use Invention Patent 52

Patently-O

AUGUST 22, 2022

For our patent law course today, the students read the Justice O’Connor unanimous opinion in Bonito Boats, Inc. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. The Florida courts had refused to enforce the law because it conflicted with Federal Patent Law. 141 (1989).

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Patently-O

JANUARY 17, 2022

The Deepsouth case was about patented equipment for deveining shrimp in order to render them “more pleasing to the fastidious as well as more palatable.” patent law. patents are territorially limited. We know that U.S. patents are territorially limited. Patent Law Amendments Act of 1984, Pub. We know that U.S.

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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?

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JD Supra Law

FEBRUARY 22, 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. § Hologic, Inc., 2021-2246] (February 15, 2023), the Federal Circuit affirmed summary judgment that the asserted claims of U.S. By: Harness IP

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Public Use IP Patent 96

LexBlog IP

NOVEMBER 7, 2021

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.

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JD Supra Law

FEBRUARY 17, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. It’s not surprising to hear talk of flowers in February, but it is unusual when that discussion is in a Federal Circuit opinion. By: Weintraub Tobin

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Public Use Patent 52

Intellectual Property Brief

MARCH 23, 2023

The public display of simply a prototype of a patentable technology for marketing purposes, over a year prior to its patenting, is enough to rule that the technology is in public use, ready for patenting, and is thus invalid. filed a patent for a medical device called the Aurora. Minerva Surgical Inc.

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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.” Hologic, Inc., § 102(b).

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Invention Public Use Inventor Confidentiality 52

Larson & Larson

FEBRUARY 13, 2021

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. What is Prior Art?

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Art Patent Invention Patent Application 52

JD Supra Law

FEBRUARY 24, 2023

Addressing the public use bar of pre-America-Invents-Act (AIA) 35 U.S.C. § Minerva Surgical, Inc.

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Public Use Invention Art Patent 55

Patently-O

MARCH 4, 2024

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. Compare D.L.

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Patent Invention Inventor Patent Application 40

Biswajit Sarkar Copyright Blog

OCTOBER 22, 2021

Patent opposition, if used properly, is an important tool to prevent the grant of frivolous patents. However, this raises question of the misuse of opposition to prevent patents with great competitive value thereby affecting the business of competitors. Types of Patent Opposition in India.

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Patent Invention Patent Prosecution Patent Application 52

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. We can’t believe it’s already February. Here’s what you missed last week.

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

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Patent Infringement Invention Patent Patent Law 52

IP Tech Blog

FEBRUARY 9, 2022

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. Under the pre-AIA law, 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.

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Invention Confidentiality Public Use Patent 57

Patently-O

AUGUST 13, 2021

The 1836 Patent Act added the caveat that no patent should issue on an invention previously “described in any printed publication.” ” That language has carried through the various major patent law overhauls and continues as a prominent aspect of 35 U.S.C. by Dennis Crouch. 102(a)(1).

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Confidentiality Advertising Advertising Invention 90

LexBlog IP

OCTOBER 3, 2022

The act also establishes the rights for businesses and nonprofits to patent and commercialize inventions developed within the scope of the funding agreement. 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)

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Contracts Invention Licensing Government 52

LexBlog IP

FEBRUARY 9, 2022

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. But the asserted patents have a priority date after the effective date of the AIA, so the AIA version of the §102 on-sale bar applies.

Invention 52

Invention Confidentiality Inventor Public Use 52

Trading Secrets

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

Patently-O

OCTOBER 4, 2022

1962), decided by the Court of Customs and Patent Appeals (the predecessor of the Federal Circuit) in 1962, provides an example in which the court holds that prior art disclosing a genus of 20 chemical compounds anticipated a species falling within that genus. Mylan petitioned for inter partes review (IPR) of a number of patent claims of U.S.

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Art Patent Marketing Marketing 73

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Together, they collectively replace inter partes reexamination, with post-grant review being available immediately after patent issuance, and inter partes review becoming available only after the period for post-grant review has passed. Final Rules for Trials before the Patent Trial and Appeal Board.

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LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

The IPKat

MAY 15, 2023

Striking the middle ground In T 0042/19 , the patent in question ( EP2846857 ) related to an injection device. The Opponent submitted evidence of alleged prior use in the form of the insulin injection pen ( GensuPen ).

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LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement).

Invention 52

Invention Confidentiality Privacy Public Use 52

The IPKat

DECEMBER 24, 2022

Board of Appeal finds no legal basis for the requirement to amend the description in line with the claims (T1989/18) (26 Dec 2021) Can amending the description to summarize the prior art add matter to the patent application as filed? (T Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) ST.26

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Invention Inventor Patent Publishing 76

The TTABlog

NOVEMBER 28, 2022

law) and purported prior trademark use? After filing the underlying application for that prior registration, applicant selected IFG as the initial term in subsequently filed applications for plant patents with the USPTO, and for PVP protection with the Plant Variety Protection Office of the Department of Agriculture. Welch 2022.

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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? A person shall be entitled to a patent unless —. (a) Duncan Parking Techs.,

Invention 54

Invention Inventor Art Patent 54

LexBlog IP

OCTOBER 24, 2022

However, if the Contractor fails to report any inventions to the contracting officer within two months of preparing the corresponding patent applications, the Contractor risks losing ownership of those inventions. The nations in which the Contractor seeks to file the patent application. media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-63579507143ea2268{display:

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The IP Law Blog

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. Wingen LLC (“Wingen”) applied for a reissue of its utility patent for a Calibrachoa plant, called Cherry Star, which is similar to a petunia.

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Patently-O

JANUARY 21, 2023

Identify any specific sources of prior art not currently available through the Patents End-to-End Search system that you believe examiners should be searching. How should the USPTO facilitate an applicant’s submission of prior art that is not accessible in the Patents End-to-End Search system ( e.g., “on sale” or prior public use)?

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Patent Invention Patent Prosecution Art 93

LexBlog IP

FEBRUARY 16, 2023

This month the Federal Circuit decided a case involving whether the display of a flowering plant constitutes an invalidating prior public use. Wingen LLC (“Wingen”) applied for a reissue of its utility patent for a Calibrachoa plant, called Cherry Star, which is similar to a petunia. § 161. .” § 161.

Public Use 52

Public Use Patent Invention Confidentiality 52

Patently-O

FEBRUARY 6, 2023

The utility patent at issue covers a petunia plant. 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.” The oddity of this utility patent is that it claims an ornamental plant.

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Public Use Invention Inventor Confidentiality 73

Patently-O

APRIL 6, 2023

Copyright infringement appeals are ordinarily not heard by the Federal Circuit, but in a case of what appears to be appellate-forum shopping, SAS had also included patent infringement allegations that they eventually stopped pursuing. WPL demonstrated that the SAS Language should be filtered because it is open and free for public use.

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Copyright Copying Copyright Infringement Fair Use 56

43(B)log

NOVEMBER 19, 2021

This designation did not indicate that Valtoco was safe or effective for public use but, instead, operated to qualify Neurelis for various development incentives, like tax credits and potential exclusivity for seven years if the FDA ultimately approved Valtoco.”

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Designs Design Patent Prosecution Art 56