Navigation Links
With patents and research tools, when is private really public?

Editor's note: This article first appeared in Genetic Engineering News (Volume 26, No. 11)

There is good news for inventors. Using an invention secretly in one's own shop, even for a period longer than a year, will not by itself cause a court to invalidate a patent filed later to protect the invention.

......

Full article >>> Invitrogen developed such a tool and belatedly filed for a patent. After being granted a patent, Invitrogen sued the defendants for their infringing use of a process for producing transformable E. coli cells.

A U.S. District Court in Texas held that whereas the patent was infringed and not invalid for indefiniteness, it was nevertheless invalid because of public use under Section ......

Full article >>> arge for the use of the device, and the invention was not commercially exploited during the critical period. Accordingly, in TP Laboratories, Inc. v. Professional Publishers, Inc., the dentist's patent was held valid.

These cases stand for the general proposition that an agreement of confidentiality or a similar expectation of secrecy may negate a public use where there is no comm......

Full article >>> st occur without any limitation or restriction, or injunction of secrecy.

With regard to the second prong, there was no commercial exploitation of the invention. Accordingly, the facts in the Invitrogen case were insufficient to erect a public use bar to patentability under Section 102(b).

Judge Bryson Rader, the author of the Invitrogen opinion, stated that "comm......

Full article >>> ken and Frank, also in Chicago.

......

Full article >>>
'"/>

Source:wistechnology.com By Bratislav Stankovic and Donald J. Silvert 07/31/06


Related biology technology :

1. Supreme Court limits foreign reach of U.S. patents
2. Supreme Court ruling seen as blow to WARF stem cell patents
3. Heres why Wisconsins stem cell patents are being challenged
4. Patent office upholds challenge to WARF stem cell patents
5. WARF stem cell patents to be re-examined
6. With patents, Wisconsin court gaining reputation as a "rocket docket"
7. WARF expects review of stem cell patents
8. Father of life patents downplays historic role
9. The top 10 misconceptions of life-science patents
10. Request to re-examine WARF stem cell patents escalates war of words
11. Supreme Court decision in eBay case could affect value of patents
Post Your Comments:
*Name:
*Comment:
*Email:


(Date:2/18/2017)... Research and Markets has announced the addition of the ... ... provides separate comprehensive analytics for the US, Japan ... estimates and forecasts are provided for the period 2015 through 2022. ... data and analytics are derived from primary and secondary research. This ...
(Date:2/17/2017)... 2017  Protagonist Therapeutics, Inc. (NASDAQ: PTGX) today ... peptide drug candidates, PTG-100 and PTG-200, at the ... and Colitis Organization (ECCO).  The ECCO congress is ... from February 15 – 18, 2017. ... Protagonist drug candidates PTG-100 and PTG-200. PTG-100, a ...
(Date:2/16/2017)... WEST PALM BEACH, Fla. , Feb. 16, ... molecular diagnostics company revolutionizing the development of liquid ... that it has entered into an exclusive license ... who will distribute MDNA,s proprietary liquid biopsy test ... in South Korea . This ...
(Date:2/16/2017)... 16, 2017 Patient Care ... innovative telemedicine application, new and leading edge therapies ... a boom worldwide. The healthcare sector as whole ... services and new therapies for companies such as ... Cellectar Biosciences, Inc. (NASDAQ: CLRB ), ...
Breaking Biology Technology:
(Date:1/30/2017)... , Jan. 30, 2017   Invitae Corporation ... fastest growing genetic information companies, today announced that it ... results and provide 2017 guidance on Monday, February 13, ... call that day at 4:45 p.m. Eastern / 1:45 ... management team will briefly review financial results, guidance, and ...
(Date:1/24/2017)... , Jan. 24, 2017  It sounds ... baby,s sock that monitors vital signs and alerts ... an infant,s oxygen saturation level drops. But pediatric ... alarm to parents, with no evidence of medical ... devices are marketed aggressively to parents of healthy ...
(Date:1/18/2017)... -- In vitro diagnostic (IVD) companies were very active in ... Kalorama Information expects that trend to continue – though ... uncertainty in reimbursement and healthcare reform in ... acquisitions landscape. Instead of looking to buy technology, the ... of their home country and also to increase their ...
Breaking Biology News(10 mins):