Understanding Public-Use Proceeding in Patent Law
Definition & Meaning
A public-use proceeding is a legal process in patent law that investigates whether a patent application should be denied because the invention was publicly used or sold more than one year before the application was submitted. This process is initiated by a petition from an individual or entity challenging the patent application. If the petition provides sufficient evidence, a hearing is conducted by a patent examiner, who will then issue a final decision that cannot be appealed.
Legal Use & context
This term is primarily used in patent law, particularly in the context of patent applications. It serves as a mechanism for ensuring that patents are granted only for inventions that have not been publicly disclosed or commercially exploited for over a year prior to the application. Individuals or entities who believe that a patent application should be barred due to prior public use can file a petition to initiate this proceeding. Users can manage this process with the help of legal templates provided by services like US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company publicly demonstrates a new technology at a trade show in January 2022 and files a patent application in March 2023. A competitor files a petition claiming the technology was publicly used, initiating a public-use proceeding.
Example 2: An inventor sells a prototype of their invention in December 2021 and later applies for a patent in February 2023. A third party challenges the patent application based on the prior sale, prompting a public-use proceeding. (hypothetical example)