May 2017: On Sale Bar to Patenting

In the case of Helsinn Healthcare SA v. Teva Pharmacueticals USA, Inc., the Court of Appeals for the Federal Circuit confirmed that the America Invents Act did not change the “on-sale bar” to patenting an invention.  The Court confirmed that, as with the Patent Act before amendment by the America Invents Act, even a non-public sale of the invention more than one year prior to filing a patent application for the invention bars patenting of the invention.