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Public Disclosure Prior Art United States Patent and Trademark Office

Knobbe Martens

Federal Circuit Review | July 2024

Knobbe Martens on

In Natera, Inc v. Neogenomics Laboratories, Inc., Appeal No. 24-1324 the Federal Circuit held that  preliminary injunction may be valid if a substantial question of invalidity was not raised, even if the asserted patent is...more

Winstead PC

Clearing the Air: Patent Protection Strategies for Carbon Capture Technologies

Winstead PC on

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

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

Foley & Lardner LLP

Three Things To Know About Rule 130 Declarations

Foley & Lardner LLP on

A few weeks ago I joined Kathleen Fonda, Ph.D., J.D., Senior Legal Advisor in the USPTO’s Office of Patent Legal Administration, and Gary Ganzi, J.D., Senior Counsel and Head of Intellectual Property for Evoqua Water...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

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Clarifies the On-Sale Bar Under the AIA: No Public Disclosure of the Invention Is Required if the Existence of the...

Under 35 U.S.C. § 102, the on-sale bar generally holds that the sale of a patented invention more than one year before the filing date invalidates the patent. Before the America Invents Act (AIA), courts held that...more

Bradley Arant Boult Cummings LLP

First to Invent, First to File, or First to Disclose? Patent Reform’s Real Incentive

Many commentators call the Leahy-Smith America Invents Act (AIA) the biggest reform of the United States patent laws in almost 60 years. The AIA’s most publicized and dramatic change transforms the first-to-invent system to a...more

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