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ARTICLE · 10 OCTOBER 2024

Third Quarter 2024 Federal Circuit Law Update

Baker Botts L.L.P.
Baker Botts L.L.P.
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Baker Botts L.L.P.

Baker Botts L.L.P.

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Since serving as a Federal Circuit clerk, Michael Hawes has monitored that court's precedential opinions and prepares a deeply outlined index by subject matter (invalidity, infringement, claim construction, etc.) of relevant legal points - in order to assist clients seeking to identify recent law relevant to a particular problem.

United StatesIntellectual Property
Michael Hawes
Michael Hawes

I.Patentability Requirement

A. Prior Art Invalidity

1. Anticipation (§ 102)

a. Exception for AIA Patents

35 U.S.C. 102(b)(2)(B) provides that "prior patent filings by another . . . "shall not be prior art" if "the subject matter disclosed had . . . been publicly disclosed by the inventor."" However, "the exception applies only to "disclosures" that result in the subject matter of the invention being "publicly disclosed."" Sanho Corp. v. Kaijet Tech. Int'l Ltd., 2023 1336, 7/31/24.

"Section 102(b)(2)(B) thus works to protect inventors who share their inventions with the public from later disclosures made by others. Animating this exception appears to be the idea that priority should be given to the patentees who make their invention available to the public before a patent application filing by another." Sanho Corp. v. Kaijet Tech. Int'l Ltd., 2023-1336, 7/31/24.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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