How does secret use affect public use determinations in patent law?
Secret use of an invention can still constitute public use under certain circumstances, potentially affecting patentability. The MPEP 2133.03(a) states: “Secret use of an invention by the inventor or his agents for his own profit or advantage prior to the critical date is a bar to a patent […] even though the use may not…
Read MoreHow does the “first permitted marketing or use” requirement affect patent term extension eligibility?
The “first permitted marketing or use” requirement is a crucial factor in determining eligibility for patent term extension. According to 35 U.S.C. 156(a)(5) and 37 CFR 1.720(e), the approval for commercial marketing or use must generally be the first permitted under the provision of law under which the regulatory review occurred. For human drug products:…
Read MoreHow does commercial use affect public use under pre-AIA 35 U.S.C. 102(a)?
The MPEP states that “The nonsecret use of a claimed process in the usual course of producing articles for commercial purposes is a public use.” However, it’s important to note that a secret use of a process, even if the resulting product is commercially sold, does not necessarily constitute public use under pre-AIA 35 U.S.C.…
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