How does the presence or absence of a confidentiality agreement affect public use determinations?
The presence or absence of a confidentiality agreement is a factor in determining public use under pre-AIA 35 U.S.C. 102(b), but it is not dispositive. The MPEP states: “The presence or absence of a confidentiality agreement is not dispositive of the public use issue, but ‘is one factor to be considered in assessing all the…
Read MoreHow does commercial exploitation affect public use determinations?
Commercial exploitation plays a significant role in determining whether an invention has been in public use under pre-AIA 35 U.S.C. 102(b). The MPEP states: “Commercial exploitation is a clear indication of public use, but it likely requires more than, for example, a secret offer for sale.” (MPEP 2133.03(a)) This means that even if an invention…
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