Invalidating a patent rules on dating within the military
If you have any questions regarding design patents, please contact the authors or another attorney in the Intellectual Property Division.
Accordingly, a proper analysis of whether a use constitutes a public use has always involved an inquiry into, first, whether the invention was “ready for patenting,” and secondly, whether the use was in fact public or not. Such would-be prior art, however, is not limited to that published or otherwise emanating from others but also includes time bars such as the public use bar.
Mind you – I have not heard of these being done before (bombarding listed inventors and their agents with prior art, forcing them to have to disclose it), but I think it’s a great idea.
One caution – if you send too much, you over inundate the examiner, and then really good art could get overlooked during examination.
In this instance, the plaintiff put forth alleged evidence of copying and commercial success, which the Federal Circuit directed the district court to consider on remand.
By reiterating and clarifying these standards, this Federal Circuit decision helps to clarify design patent invalidity analysis.