What are the requirements for a biological deposit to be acceptable for patent purposes?
For a biological deposit to be acceptable for patent purposes, it must meet several requirements as outlined in MPEP 2403: Viability: The deposited material must be viable at the time of deposit and remain so for the duration of the patent term. Accessibility: The deposit must be accessible to the public upon issuance of the…
Read MoreWhat constitutes a “public use” under pre-AIA 35 U.S.C. 102(b)?
A “public use” under pre-AIA 35 U.S.C. 102(b) occurs when the invention is both in public use before the critical date and ready for patenting. The Federal Circuit in Invitrogen Corp. v. Biocrest Manufacturing L.P. outlined a two-part test: The purported use was accessible to the public; or The invention was commercially exploited. The court…
Read MoreHow is “public use” determined under AIA 35 U.S.C. 102(a)(1)?
Under AIA 35 U.S.C. 102(a)(1), “public use” is determined by whether the use was available to the public. The MPEP states: “As discussed previously, public use under AIA 35 U.S.C. 102(a)(1) is limited to those uses that are available to the public.” This means that for a use to be considered “public,” it must be…
Read MoreHow does the accessibility of foreign patents affect their use as prior art?
The accessibility of foreign patents is crucial in determining their use as prior art. Even if a foreign patent is difficult to access, it may still be considered prior art if it’s publicly available. The MPEP 2126 cites the case of In re Carlson, which states: “We recognize that Geschmacksmuster on display for public view…
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