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Public Disclosure Patent Applications

Jones Day

Private Sale Not Necessarily Public Disclosure Under Section 102(b)(2)(B)

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In Sanho Corp. v. Kaijet Technology International Limited, Inc, the Federal Circuit affirmed the PTAB’s decision finding obvious all challenged claims of the ‘429 patent, which relates to a device that provides ports for...more

Dechert LLP

Initiatives to Increase Communication Between the USPTO and the FDA Concerning Pharmaceutical Patent Applications

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President Biden, in July 2021, issued an Executive Order (“E.O.”) observing that “too often, patent and other laws have been misused to inhibit or delay — for years and even decades — competition from generic drugs and...more

Fisher Phillips

Have Your Cake and Eat It Too: Trade Secret Litigation Offers Creative Additional Option for Employers Asserting Patent...

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When most companies think about how to protect their proprietary information and inventions, the first (and most obvious) option is to file for patent protection. However, as recent court cases make clear, trade secret law...more

Winstead PC

Clearing the Air: Patent Protection Strategies for Carbon Capture Technologies

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Carbon capture technologies generally pertain to the capture of carbon dioxide (CO2) by certain materials or systems. Such materials or systems can then process the captured CO2 in various manners, such as through storage at...more

Husch Blackwell LLP

Think Twice Before You Speak – Intellectual Property And Public Disclosure

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Every company, but especially startups, looks for a competitive edge to provide an advantage over other companies. Intellectual property (“IP”) rights and the strategy of how to leverage them may separate a startup from other...more

Nutter McClennen & Fish LLP

Tips to Help Keep Your Disclosure from Becoming Prior Art, Part 1

The issue of public disclosure is a frequent concern for inventors looking to obtain patent protection. While it may often be safest to wait until at least a provisional patent application is filed before having any...more

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

Worldwide Public Disclosure Grace Periods - May 2017

Albania - 6 months - Novelty/Inventive Step in Limited Circumstances - Disclosure not to be taken into account in determining patentability if it occurred within six months before the filing date (priority date) when...more

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

Patent Grace Period Laws in the IP5 Patent Offices: Some Similarities But Largely Different

Life science and other high technology companies most frequently file patent applications in five IP offices (IP5), namely: the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japanese...more

Ward and Smith, P.A.

What Rights Will I Lose if I Pitch My Invention to Investors Before I File a Patent Application?

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Did you know that the individual often credited with popularizing karaoke did not reap the financial rewards of his invention to the extent possible? It's true—Japanese musician Daisuke Inoue invented karaoke in Kobe, Japan...more

Knobbe Martens

In Helsinn Healthcare, the Federal Circuit Offers Guidance on the On-Sale Bar under the AIA

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The sale of a product prior to filing a patent application, or “on-sale bar,” has long been a potential barrier to obtaining a patent in the United States. Especially in the biotechnology space, which can involve a long...more

Dentons

Intellectual Property in Medicine: Initial Considerations

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Physicians are well-positioned to generate new inventions and thereby improve the treatment of their patients. As a result, physicians have historically been some of the best and most active inventors in the United States. ...more

Foley & Lardner LLP

How Can You Safely Discuss Your IP with Others?

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As discussed in our previous posts, startups are about capitalizing on ideas, contacts and experience. In the early stages of a startup or pre-startup, founders often socialize their business plan and details about their idea...more

Knobbe Martens

Class 6: How to Avoid Losing Patent Rights

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In This Presentation: •Today’s Main Topic: – How to Avoid Losing Patent Rights •May Cover: – What is Intellectual Property (Class 1 Redux)? – Making Use of Trade Secrets (Catch-up from...more

Davis Wright Tremaine LLP

“America Invents Act” Patent Law Overhaul: The Benefits and the Drawbacks

“A good idea is never lost. Even though its originator or possessor may die without publicizing it, it will someday be reborn in the mind of another.” ~ Thomas Edison As any inventor or innovator will tell you, an...more

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