Prior Use Defense: Trade Secrets v. Patenting II

Indroduction This blog is a clarification of my prior article entitled Trade Secrets v. Patenting.  In my prior article, I stated that a party using a technique or method in manufacturing as a trade secret would lose the right to continue practicing the trade secret if the secret technique or method became subject of a patent by…

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BEHIND THE FIRST TO FILE RULES

Introduction As you are probably aware, the USPTO rules changed March 16, 2013 to make the first inventor to file eligible to obtain a patent. (Prior to this change in law, patents were awarded to the first person to invent, regardless of whether another (later inventor) first filed an application.)  Implementation of this “first to…

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PATENTABLE INVENTION

Introduction As mentioned in Patent Application Elements, a development must be novel, useful and non-obvious to persons skilled or knowledgeable in the applicable technology or art.  The following descriptor the elements of a patentable invention. Novelty To comply with the requirement that the development be novel, the invention must not have been known or used…

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