Only Public Sales Trigger AIA On-Sale Bar, USPTO Says

Law360, New York (May 9, 2016, 7:38 PM EDT) -- The U.S. Patent and Trademark Office has told the Federal Circuit that under the America Invents Act only public sales can trigger the on-sale bar and invalidate patents, throwing its support behind Helsinn Healthcare SA in the first case to address the AIA's version of the statute.

In an amicus brief filed May 2, the USPTO urged the appeals court to affirm a judge's decision interpreting changes made to the on-sale bar statute when Congress passed the AIA to mean that secret sales of a product no longer trigger the bar, which holds that an invention cannot be patented if it...

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