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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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Public use == “accessible to the public.”

Patently-O

” The invention was not yet “ready for patenting” and therefore its public use was not disqualifying. .” ” The invention was not yet “ready for patenting” and therefore its public use was not disqualifying. It was also pitched to a potential acquirer. Microsoft Corp. ,

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Federal Circuit Clarifies Public Use Bar Requirements in Win for Hologic Against Minerva

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued a precedential opinion clarifying the requirements for the disclosure of technology that is ready for patenting at a public event to qualify as being “in public use” for purposes of the pre-America Invents Act (AIA) public use bar under 35 USC 102(b).

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Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

The IPKat

The question became whether the patients could be considered members of the public, and whether their participation in the clinical trial therefore constituted prior public use of the formulation.

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Federal Circuit Holds Surgical Patent Anticipated Under Pre-AIA 35 USC102b Public Use

JD Supra Law

9,186,208 (the ’208 Patent) are anticipated under the public use bar of pre-AIA 35 U.S.C. § This is an appeal from a District of Delaware summary judgment order that held that the asserted claims of U.S. By: Allen & Overy LLP

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“Prior public use”: an effective ground for opposition against the grant of a European patent

Garrigues Blog

This opposition procedure for European patents is particularly useful when the patent in question is hindering our commercial interests and we have adequate reasons to revoke its registration. One of the most effective ways of obtaining the revocation is to prove “prior public use”. We look at what this consists of below.

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When “Displaying” Is “Using” For Prior Public Use Under 35 U.S.C. 102(b)

JD Supra Law

Last week, in a non-precedential opinion for an appeal from a Patent and Trial Appeals Board (PTAB) decision (In re WinGen), the Federal Circuit addressed prior public use under pre-AIA 35 U.S.C. § By: Womble Bond Dickinson