Under current U.S. patent law, certain activities by an inventor or others can negatively impact the inventor’s ability to obtain patent protection on their discovery. Such activities are articulated in 35 U.S.C. § 102 and include the on sale bar, the public use bar, and whether the invention was described in a “printed publication.” In …
What Constitutes a Printed Publication – Introduction and Statutory Basis – Part 1Read More
According to U.S. patent law, the specification of a patent application must adequately describe, enable, and provide the best mode for carrying out an invention as required by 35 U.S.C. § 112(a) which states: The specification shall contain a written description of the invention, and of the manner and process of making and using it, …
Understanding Written Description – the Basics – Part 1Read More
State entities, such a public universities, typically enjoy immunity from lawsuits brought by private parties in federal courts. As a result, state universities are generally immune from patent infringement lawsuits, see Florida Prepaid Postsecondary Education Expense Board vs. College Savings Bank, 527 U.S. 627, 647-648 (1999), and declaratory judgment suits seeking to declare a patent …
Sovereign Immunity and University Technology Transfer – A Shield and Not a SwordRead More
