Can a secret use of an invention constitute public use?

Yes, in some circumstances, a secret or confidential use of an invention can constitute public use under pre-AIA 35 U.S.C. 102(b). The MPEP explains: “[S]ecrecy of use alone is not sufficient to show that existing knowledge has not been withdrawn from public use; commercial exploitation is also forbidden.” (MPEP 2133.03(a)) This means that even if…

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What is the significance of the “printed publication” bar in patent law?

The “printed publication” bar is a crucial concept in patent law, particularly in determining the novelty of an invention. According to MPEP 2128.01, a reference is considered a “printed publication” if it is accessible to the public. The MPEP states: “A reference is considered publicly accessible if it has been disseminated or otherwise made available…

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