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…
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