IP Watchdog

FEBRUARY 15, 2023

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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Public Use Invention Technology Patent 69

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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Public Use Invention IP Patent 97

IP Watchdog

OCTOBER 26, 2023

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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JD Supra Law

MAY 15, 2025

Ingenico Inc. IOENGINE, LLC, Case No. 23-1367 (Fed. May 7, 2025) (Dyk, Prost, Hughes, JJ.). By: McDermott Will & Emery

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Public Use Invention Patent 65

JD Supra Law

FEBRUARY 22, 2023

Last week, in a non-precedential opinion for an appeal from a Patent and Trial Appeals Board (PTAB) decision (In re WinGen), the Federal Circuit addressed prior public use under pre-AIA 35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

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Public Use Patent 52

JD Supra Law

MARCH 27, 2023

clarifying the “in public use” bar under pre-America Invents Act 35 USC 102. Hologic: Background - The United States Court of Appeals for the Federal Circuit issued a precedential opinion earlier this year in Minerva Surgical, Inc. Hologic, Inc. By: Haug Partners LLP

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IAM Magazine

JUNE 26, 2025

If details about a trial drug or its therapeutic effect are made public before the corresponding application is filed, this may amount to prior public use under European patent law. Under European patent law, clinical trials may serve as a double-edged sword.

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Invention Public Use Patent Law Patent 52

IAM Magazine

JUNE 26, 2025

If details about a trial drug or its therapeutic effect are made public before the corresponding application is filed, this may amount to prior public use under European patent law. Under European patent law, clinical trials may serve as a double-edged sword.

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Invention Public Use Patent Law Patent 52

JD Supra Law

MAY 9, 2025

315(e)(2) estoppel cannot preclude an IPR petitioner from advancing in a district court trial an invalidity argument that alleges the claimed subject matter was known or used by others, on sale, or in public use, such as in a prior system or device. IOENGINE, LLC, effectively holding that 35 U.S.C. By: Venable LLP

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Public Use 62

TorrentFreak

NOVEMBER 8, 2024

Five Counts, Various Aspects of Copyright Law Count One: Unauthorized Public Performance and Reproduction Nintendo alleges that the defendant streamed its copyrighted games without authorization, including Mario & Luigi Brothership, Super Mario Party Jamboree, and Super Mario RPG.

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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. A patent applicant is not entitled to a patent when the claimed invention was “in public use… more than one year prior to the date of the application for patent in the United States.”

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The IPKat

JANUARY 20, 2025

Then, the Turin court clarified that the owner of the combination colour trade mark is undoubtedly Juventus and not Adidas, as the former publicly used the shirt (which also bears Juventuss word mark along with the Scudetto won in the previous season) in its home games throughout the 2019/20 season.

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Patently-O

AUGUST 5, 2024

The basic holding is that the 102(a)(2)/(b)(2) safe harbor triggered by an inventor’s pre-filing “public disclosure” of the invention requires that the invention be made “reasonably available to the public.” ” Neither public uses nor private sales satisfy this requirement. 333 (1881).

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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

Patently-O

FEBRUARY 6, 2023

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 inventors here used conventional plant breeding to create a new form of petunia (Calibrachoa). Microsoft Corp.,

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Public Use Invention Inventor Confidentiality 75

TorrentFreak

APRIL 11, 2022

However, piracy remains a concern, particularly in Vietnam, Malaysia, and the Philippines, where more than 60% of the public uses pirate sites. According to CAP, pirate site blocking efforts are also driving traffic to legal sources in other countries in the Asia Pacific region.

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Patently-O

MARCH 28, 2025

a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. This second change is important for the Celanese case. 35 U.S.C.

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Invention Public Use Patent Law Patent 40

JD Supra Law

AUGUST 2, 2024

Summary: An invention is not “publicly disclosed” under 35 USC 102(b)(2)(B) by the inventor’s private sale, even though a private sale may constitute an invalidating “public use” under 35 USC 102(a)(1). Appeal from the Patent Trial and Appeal Board. By: Knobbe Martens

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Public Use Invention Patent 65

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.” By: Cooley LLP

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Public Use Invention Patent 52

JD Supra Law

DECEMBER 21, 2023

The topics of the key cases included procedure in inter partes review proceedings before the Patent Trial and Appellate Board, the enablement requirement, the calculation of patent term adjustments, the public use bar and the prosecution laches. By: Smith Anderson

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Patent Public Use Patent Law Government 70

JD Supra Law

OCTOBER 3, 2024

16, 2024) - On September 16, 2024, a special master for the Northern District of Georgia issued a report and recommendation to deny Ionic Air Care’s motion for summary judgment that Aviation Clean Air’s patents were invalid under the “public use” and “on-sale” bars to patentability of 35 U.S.C. § By: Irwin IP LLP

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Public Use Reporting IP Patent 62

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

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. ” A patent applicant is not entitled to a patent when the claimed invention was “in public use. § 101 rather than a plant patent under 35 U.S.C. §

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Public Use Patent Invention Confidentiality 52

JD Supra Law

SEPTEMBER 20, 2024

102(a)(1) provides, in part, that a person is not entitled to a patent if the claimed invention was in public use, on sale, or otherwise available to the. The Leahy-Smith America Invents Act provides exceptions for certain disclosures that would otherwise be considered prior art under 35 U.S.C. § 2] Specifically, 35 U.S.C. §

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IP and Legal Filings

MAY 10, 2024

It’s the first important step towards protecting owner’s rights and its lawful public use. Well, it helps in commercialisation of the invention by allowing its public use. While facilitating technology transfer, it is significant to look at how IP rights play a role. Why must an owner of IP license it?

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Intellectual Property Technology Invention Licensing 105

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.” § 102(b).

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Invention Public Use Inventor Confidentiality 52

The TTABlog

APRIL 28, 2025

See In re Cordua Rests., 3d 594, 605 (Fed.

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Public Use Design Designs Copyright 45

Patently-O

MAY 7, 2025

Writing for a unanimous panel, Judge Hughes explained: IPR estoppel does not preclude a petitioner from relying on the same patents and printed publications as evidence in asserting a ground that could not be raised during the IPR, such as that the claimed invention was known or used by others, on sale, or in public use.

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Litigation Patent Invention Public Use 66

IP Law 360

MAY 15, 2024

and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan. A comparison of recent U.S.

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Patent Public Use Art 52

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. Minerva Surgical Inc. filed a patent for a medical device called the Aurora. The Aurora is.

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IP Watchdog

MAY 13, 2025

But Ingenico went much further and also held that IPR estoppel does not preclude a petitioner from relying on the same patents and printed publications as evidence in asserting a ground that could not be raised during the IPR, such as that the claimed invention was known or used by others, on sale, or in public use.

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Public Use Invention Art Patent 52

The IPKat

JANUARY 16, 2025

The Opponent, Avl List GmbH, challenged the patent's validity based on several grounds, including prior public use as evidenced by a user manual describing the invention.

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Confidentiality Invention Art Patent 62

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.” ” Compco Corp. Day–Brite Lighting, Inc. ,

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Patent Law Law Patent Invention 91

Patently-O

JANUARY 17, 2022

We would require a clear and certain signal from Congress before approving the position of a litigant who, as respondent here, argues that the beachhead of privilege is wider, and the area of public use narrower, than courts had previously thought. No such signal legitimizes respondent’s position in this litigation.”.

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Patent Invention Litigation Patent Law 122

The TTABlog

AUGUST 6, 2024

In its genericness analysis the Board relied on dictionary definitions, on third-party usage, and on Shepherd's own use of the proposed mark to refer to a type of product rather than a source. Its finding that the public used the proposed mark generically was supported by substantial evidence. Contrary to C.E.

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IP and Legal Filings

JULY 2, 2025

The Copyright Act , 1957 provided creators with exclusive rights to reproduce, distribute and perform their work as well as moral rights in respect of the protection of their works from unauthorized reproduction or public use.

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Copyright Infringement Copyright Intellectual Property Moral Rights 59