by Steve Driskill | Jan 9, 2015 | [sub] public use, Prior Art
The inventor or a third party’s efforts to maintain control over the use of the invention may negate an otherwise public use under 35 U.S.C. § 102(b). Here, for example, a third-party misappropriator who illicitly obtained the claimed invention but for that reason...
by Steve Driskill | Sep 12, 2013 | [sub] public use, Prior Art
An invalidating public use need not be the intended use of the invention disclosed or claimed in the patent. If the invention is fully disclosed to the public without restriction, a public use will be deemed to have occurred. Background / Facts: The patents-in-suit...
by Steve Driskill | May 20, 2013 | [sub] public use, Prior Art
Even in the case of third-party uses, being “accessible to the public” still requires public availability; “secret or confidential third-party uses do not invalidate later-filed patents.” A formal confidentiality agreement, however, is not required to show non-public...
