On-Sale Bar Doesn't Cover Secret Prior Art, Justices Told

Law360 (August 28, 2018, 4:31 PM EDT) -- The America Invents Act amended the so-called on-sale bar to align U.S. patent law with other countries and eliminate secret prior art from being used to invalidate patents, one of the law’s main sponsors has told the U.S. Supreme Court in a case involving a Helsinn nausea drug patent.

Congress changed the law with regards to the bar to encourage the disclosure of non-obvious and unique information while preserving patentability, as long as a claim’s specific subject matter was not disclosed, according to the amicus brief filed last Thursday by Rep. Lamar Smith, R-Texas, one of the bill’s primary sponsors....

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