Prior Use & Patent Validity - A Discussion of Claydon Yield-O-Meter v Mzuri

Introduction

This new webinar will discuss the status of the law on prior use and patent validity following the decision in Claydon Yield-O-Meter v Mzuri, which also discussed another recent decision on this topic in E. Mishan & Sons, Inc t/a Emson v Hozelock.

There is a general rule that you cannot obtain a patent for what has already been ‘made available to the public’.

This causes potential problems for inventors looking to test their inventions prior to filing a patent, as if such testing is found to be a ‘public’ disclosure, disclosing the invention, then this may result in an invalid patent.

The two recent cases above involved the testing of two different types of invention, in different circumstances, and the judges came to different conclusions on validity as a result.

The webinar is aimed at legal professionals involved with advising on and reviewing the validity of patents.

What You Will Learn

This webinar will cover the following:

• A summary of the law on prior disclosure and patent validity, both the statutory basis and how it has been interpreted by the courts - including the requirements for the disclosure to be ‘made available to the public’ and ‘enabling’
• A look at the facts in Claydon v Mzuri and E. Mishan & Sons, Inc t/a Emson v Hozelock, and how the court applied the law to the facts (and distinguished the cases)
• A look at how the law may develop in future cases, resulting from the increasing availability of technology to potential observers of the testing of inventions
• Practical tips for inventors looking to test their inventions prior to obtaining a priority date
• Practical tips for challengers to the validity of a patent (e.g., defendants in patent litigation proceedings)

This webinar was recorded on 5th October 2021