Fletcher YoderFailure to disclose a material action, which potentially triggers the on-sale bar, with specific intent to deceive the PTO may constitute inequitable conduct, which renders any resulting patent unenforceable.
Infringement plaintiff’s use of claimed process for producing “transformable” cells in its own laboratories, more than one year before application for patent in suit was filed, was not “public use” that bars patentability, since plaintiff’s invention was not given or sold to “another,” or used to create product given or sold to another.
Testing of claimed paroxetine hydrochloride (PHC) hemihydrate compound, designed to establish efficacy and safety of compound when used in antidepressant, was not experimental use, since antidepressant properties of compound are not claimed features of invention.