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Patent attorney at Brooks Kushman in SE Mich. Formerly Bejin Bieneman, Kirkland & Ellis. Mechanical engineering from University of Michigan, law from University of Chicago. Living in Ithaca, NY. He/him.
Websitehttps://www.brookskushman.com/people/bryan-t-hart/
The patent system incentivizes potential applicants to file early, and this case is an example. If an applicant sells a product made with an inventive process, that product serves as prior art that can invalidate a patent on the process. Once a company starts using a new manufacturing process, that starts the clock running on deciding whether to file a patent application or rely on trade secrets.
https://patentlyo.com/patent/2024/08/coating-process-product.html
#patentlaw #patents
No Sugar-Coating: Post-AIA Patent on Secret Process Barred by Pre-Filing Sale of Product

by Dennis Crouch Although the result could have been guessed, the Federal Circuit has issued an important decision interpreting the …

Patently-O
Report: Majority Of Innovations Involve Hot-Gluing Something Onto Another Object

MINNEAPOLIS—Showing how the method provided the basis for developments as diverse as the light bulb and the quantum computer, a report released Tuesday by researchers at the University of Minnesota found that the majority of innovations involved hot-gluing one thing onto another thing. “A comprehensive analysis of…

The Onion

"DEI programs are a waste of money!" Said unironically by dudes that backed Theranos and WeWork, that SPAC'd their way to failure, that wasted everyone's time and money for five years chasing crypto to nowhere.

DEI in the US, is solving the hardest and most consequential problem on earth: reducing the amount of racism in the US.

Without addressing US racism, we can't make progress on:
* Climate change
* Reproductive rights
* Wealth inequality
* Combatting global far-right white nationalism

USPTO announces "the creation and implementation of a design patent practitioner bar" (ht @meredithlowry) https://content.govdelivery.com/accounts/USPTO/bulletins/37b1e60

Applicants for the new #DesignPatentBar will need to have "have a bachelor’s, master’s, or doctorate degree in one of the following areas (or its equivalent): industrial design, product design, architecture, applied arts, graphic design, fine/studio arts, or art teacher education."

They will also have to "take and pass the current registration examination."

Notice on the creation and implementation of a design patent practitioner bar

United States Patent and Trademark Office
If you ever grievously injure me enough that my death becomes a Tort Law example case, I will haunt you so persistently your house also becomes a Property Law example case
Although this is what I predicted the Federal Circuit would do, it wasn't a given. The Court in Amgen upheld the outcome, but it didn't cite Federal Circuit caselaw at all, instead relying exclusively on its own very old opinions. So the Federal Circuit could have used Amgen as a starting point for reevaluating its enablement law. But, in Baxalta, it decided not to.

The Federal Circuit just released what I think is its first precedential decision on enablement since the the Supreme Court's decision in Amgen v. Sanofi. For those outside the chemical arts, the biggest takeaway from the case, Baxalta v. Genentech, is this statement: "We do not interpret Amgen to have disturbed our prior enablement case law, including Wands and its factors."

#patentlaw #patent #patents

https://cafc.uscourts.gov/opinions-orders/22-1461.OPINION.9-20-2023_2193254.pdf

The children's books here on vacation are slightly out of date
On this Independence Day, remember that [insert your pet issue here] is what makes America special.