Corevalve Inc v Edwards Lifesciences, 2009, FSR 8
Citation: Corevalve Inc v Edwards Lifesciences, 2009, FSR 8
Rule of thumb: Where there has been some limited experimental use of a product in public, can a patent still be applied for with it? This can sometimes be an exception to the requirement that the patent must not have been used in public before there can be a successful application.
Judgment:
Where a potentially patentable product has already been used in public, it can no longer be patented – ideas for patents have to be kept confidential. If an idea is semi-used in public, in a non-commercial setting, in order to experiment with using the product, then this product can still be patentable, ‘experimental use... should involve consideration whether the immediate purpose of the transaction in question is to generate revenue...’ at 77
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.