January 2019: On Sale Bar

In the case of Helsinn Healthcare S.A., v. Teva Pharmaceuticals USA, Inc., et al., the U.S. Supreme Court ruled that changes to Section 102 of the America Invents Act did not change the meaning of the “on-sale” bar as it was previously interpreted.  The Supreme Court thus confirmed that the on-sale bar may still be triggered by secret or confidential sales of an invention.  A patent application filed later than one year from such a triggering sale will render any patent issuing thereon invalid under Section 102.  As a result of this decision, patent applicants are still advised to file patent applications towards their inventions as soon as possible.

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