TP Laboratories, Inc. v. Professional Positioners, Inc.
United States Supreme Court
724 F.2d 965 (1984)
Relevant factsFree
An orthodontist affiliated with TP Laboratories (plaintiff) treated three patients with a spring-based tooth-positioning device between 1956 and 1961, without sworn secrecy or extra fees, before filing a patent application in 1962 (assigned to TP in 1965); TP later sued Professional Positioners (defendant) for infringement, and the district court invalidated the patent under 35 U.S.C. Section 102(b), finding the earlier patient use constituted public use before the one-year critical date.
IssueFree
Whether the non-secret use of an invention prior to the critical date automatically triggers the public-use bar to patentability.
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