In re WinGen LLC
Public display of an invention, in which the invention’s intended use is as ornamentation, more than a year before the filing of a patent constitutes a public use under pre-AIA guidelines.
Results for 35 U.S.C. § 102(b)
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Minerva Surgical Inc. v. Hologic, Inc.
Public use of an invention that is ready for patenting more than one year before filing patent application (pre-AIA) or prior to filing patent application (post-AIA) is a bar to patentability.
Larry G. Junker v. Medical Components, Inc., Martech Medical Products, Inc.
A manufacturer-sent communication including pricing and shipping information for a product counts as an offer, and therefore activates an on-sale bar for an associated patent.
The Medicines Company v. Hospira, Inc.,
Federal Circuit finds that a ‘supply contract’ for manufacturing services between a manufacturer and an inventor, more than one year before filing a patent application, does not trigger the on-sale bar of 35 U.S.C. § 102(b) (pre-AIA) as it is not a “commercial sale” under the Uniform Commercial Code.
In re Lister
The Federal Circuit reverses a rejection that was based on a manuscript submitted by the inventor to the U.S. Copyright Office more than one year before the filing of the patent application because the Office did not establish when the manuscript was indexed and publicly accessible.
Electromotive Division of General Motors Corp. v. Transportation Systems Division of General Electric Co.
Factors to be considered in determining the existence of experimentation include customer awareness.