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 >>>
'"/> 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:

(Date:11/24/2015)... 24, 2015 /PRNewswire/ - Aeterna Zentaris Inc. (NASDAQ:  AEZS) (TSX: ... behalf of the Toronto Stock Exchange, confirms that as ... no corporate developments that would cause the recent movements ... --> About Aeterna Zentaris Inc. ... --> Aeterna Zentaris is a specialty biopharmaceutical company ...
(Date:11/24/2015)... ... November 24, 2015 , ... This fall, global software solutions leader SAP ... states to develop and pitch their BIG ideas to improve health and wellness in ... for votes to win the title of SAP's Teen Innovator, an all-expenses paid trip ...
(Date:11/24/2015)... , November 24, 2015 ... recent market research report released by Transparency Market Research, ... expand at a CAGR of 17.5% during the period ... Testing Market - Global Industry Analysis, Size, Volume, Share, ... global non-invasive prenatal testing market to reach a valuation ...
(Date:11/24/2015)... Nov. 24, 2015  Twist Bioscience, a company ... Leproust, Ph.D., Twist Bioscience chief executive officer, will ... on December 1, 2015 at 3:10 p.m. Eastern ... City. --> --> ... Twist Bioscience is on Twitter. Sign up to ...
Breaking Biology Technology:
(Date:11/17/2015)... LIVERMORE, Calif. , Nov. 17, 2015  Vigilant ... has joined its Board of Directors. ... Vigilant,s Board after recently retiring from the partnership at ... owning 107 companies with over $140 Billion in revenue.  ... performance improvement across all the TPG companies, from 1997 ...
(Date:11/12/2015)... 2015  A golden retriever that stayed healthy despite ... has provided a new lead for treating this muscle-wasting ... Institute of MIT and Harvard and the University of ... Cell, pinpoints a protective gene that ... effects. The Boston Children,s lab of Lou Kunkel ...
(Date:11/11/2015)... Nov. 11, 2015   MedNet Solutions , an innovative ... clinical research, is pleased to announce that it will be ... (PCT) event, to be held November 17-19 in ... view live demonstrations of iMedNet , MedNet,s ... iMedNet has been able to deliver time and ...
Breaking Biology News(10 mins):