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....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!