News & Analysis as of

Experimental Use Exception Patent Applications

Womble Bond Dickinson

Codifying the Experimental Use Exception? USPTO Seeks Public Input

Womble Bond Dickinson on

The United States Patent and Trademark Office (USPTO) released a Notice on the Federal Register (“the Notice”) today requesting public commentary and input on the current state of the experimental use exception. The USPTO is...more

Sunstein LLP

To Avoid the On-Sale Bar, Patent Applicant’s “Experimental Use” Should be Unmistakable

Sunstein LLP on

A recent Federal Circuit opinion casts fresh light on two aspects of patent strategy: the experimental use exception to the on-sale bar to patent validity; and the role of a non-infringement legal opinion in defeating an...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights Newsletter: May 2022

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (May 2-6): Experimenting With The On-Sale Bar

With another busy week of arguments last week, the Federal Circuit took a break from issuing precedential decisions. But it still pushed out several non-precedential decisions along with some quick affirmances without...more

Knobbe Martens

Required Testing as Part of an Offer for Sale Does Not Preclude a Finding of a Commercial Sale for On-Sale Bar Defense

Knobbe Martens on

SUNOCO PARTNERS MARKETING v. U.S. VENTURE, INC. Before Prost, Reyna, and Stoll. Appeal from the United States District Court for the Northern District of Illinois. Summary: References to testing in an offer for sale...more

McAfee & Taft

Patentability and the experimental use exception

McAfee & Taft on

The basics - The U.S. Patent Act precludes the granting of a patent if the claimed invention was in public use, on sale or otherwise available to the public more than one year prior to the effective filing date of the...more

Cozen O'Connor

Experimental-Use Exception

Cozen O'Connor on

On March 27, 2019, Medtronic, Inc. petitioned for panel rehearing and rehearing en banc of the January 24, 2019, Federal Circuit split decision in Barry v. Medtronic, Inc., where the panel majority affirmed the District...more

McDermott Will & Emery

Federal Circuit Signals Deference to Inventors in Determining Readiness for Patenting, Experimental Use

Addressing pre-America Invents Act (AIA) 35 USC § 102(b), the US Court of Appeals for the Federal Circuit held that the public-use and on-sale bars did not apply to the claimed surgical method because pre-critical-date...more

Dechert LLP

Surgeries Conducted More Than a Year Before Patenting Found Not to Bar Patent on Surgical Method

Dechert LLP on

In an important decision impacting life sciences patentees, a divided panel of the Federal Circuit in Barry v. Medtronic, Inc., Appeal No. 2017-2463 (Fed. Cir. January 24, 2019), affirmed a jury’s finding that a doctor was...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)?- In an appeal from a jury trial, the Federal Circuit addressed numerous issues...more

Foley & Lardner LLP

Australia’s April 12 Deadline for Raising the Bar

Foley & Lardner LLP on

Now that we have made it past the March 16, 2013 effective date of the first-inventor-to-file provisions of the America Invents Act, it is time to turn our attention to Australia, and the April 15, 2013 effective date of the...more

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